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When a parent needs a guardian

When a parent can no longer make safe decisions, and there are no powers of attorney, a court can name someone to help.

A guardian makes personal decisions, like where someone lives and the medical care they get. A conservator handles money. A court decides whether either is needed, and how much power to give.

We first look at whether something less is enough. A court order is a big step, and the person keeps every right the court doesn’t take away.

Families usually call us about

  • Signs of memory loss or confusion

  • Unpaid bills or a scam

  • A move to care that can’t wait

  • An adult child with a disability turning 18

A care worker leans over to help an older woman with a drawing at a table while an older man reads beside them

Before you ask a court

Guardianship is the last of several options. We go through each with you.

  • Powers of attorney, while there’s time

    If a parent can still understand and sign, a power of attorney and a health care directive may be all that’s needed.

  • Supported decisions

    Family and friends help a person make their own choices, with an agreement written down.

  • A limited guardianship

    The court gives only the powers that are needed, such as choosing a care home, and nothing more.

  • A full guardianship

    When nothing else will keep someone safe, we file the petition and prepare you for the hearing.

What people ask about guardianship

How long does a guardianship take?

Often a few months from the petition to the hearing. If there’s an emergency, a court can name a temporary guardian sooner.

Will my parent have to go to court?

They have a right to be at the hearing and to have their own lawyer. Courts can make allowances for someone in a care facility or unable to travel.

What does a guardian have to report?

Guardians and conservators file regular reports with the court about the person’s care and money. We help you file the first ones.

Talk it over before you file

Tell us what’s happening with your parent. We’ll go through the options, starting with the least drastic one.