When an adult becomes unable to make sound decisions due to cognitive decline, serious illness, injury, or developmental disability, legal intervention may be necessary to protect their well-being. In such cases, the court can establish a guardianship, conservatorship, or both — depending on the type of decisions that need to be made. A guardianship grants someone the legal authority to make personal, medical, and day-to-day living decisions on behalf of an incapacitated adult (called the “ward”). This may include decisions about healthcare, living arrangements, and personal care.
A conservatorship, on the other hand, authorizes a responsible person or entity (the “conservator”) to manage the financial affairs of the individual. This includes paying bills, managing income and assets, and making financial decisions in the best interest of the incapacitated person. Both arrangements are court-supervised and require ongoing reporting and oversight. They are typically considered when no valid powers of attorney exist, legal documents are contested, or the individual’s decline has been sudden or disputed by family members. These legal tools are often used as a last resort when less restrictive alternatives — such as powers of attorney or trusts — are unavailable or insufficient.
When is Guardianship or Conservatorship Needed?
You may need to seek a guardianship when:
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Your loved one cannot make safe or informed decisions about their own personal or medical care.
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There is no valid healthcare power of attorney in place.
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There are concerns about abuse, neglect, or unsafe living conditions.
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Family members disagree on medical treatment or care decisions.
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Your loved one is vulnerable due to cognitive issues such as dementia or a developmental disability.
You may need a conservatorship when:
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Your loved one is unable to manage their financial affairs responsibly.
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There is no durable financial power of attorney in place, or it is being challenged.
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Immediate legal authority is required to prevent financial abuse or mismanagement.
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Disputes arise among family members regarding financial decisions.
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There are unpaid bills, unmanaged assets, or evidence of financial confusion or exploitation.
In some cases, both guardianship and conservatorship may be necessary to ensure full protection of a loved one’s health, safety, and financial security.
Why Choose Farr Law Firm
At Farr Law Firm, we understand the emotional and legal challenges that families face when a loved one loses capacity. With decades of experience in elder law, estate planning, and incapacity planning, our team is uniquely equipped to guide you through the complex decisions involved in guardianship and conservatorship proceedings. We take the time to carefully evaluate every case, exploring all possible alternatives before recommending court intervention.
Our deep knowledge of the court process helps families avoid delays and navigate legal requirements with confidence. More importantly, we work with compassion and clarity — ensuring your loved one’s rights, dignity, and well-being remain the top priority. Whether you’re facing an emergency situation or planning for the future, our firm provides the legal insight and personal support you need.
Protect with Care and Legal Clarity
When a loved one can no longer manage their health or finances, establishing the right legal protections is crucial. Farr Law Firm offers trusted legal counsel to help you determine whether guardianship or conservatorship is appropriate — and how to proceed in the least disruptive, most effective way. We’re here to guide you every step of the way with experience, care, and clarity.
Farr Law Firm Locations
Farr Law Firm proudly serves clients throughout the region, with offices in: