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Guardianship and Conservatorship: How It Works by State

When an adult can no longer manage their own health, safety, or finances, a court can appoint a guardian or conservator to decide for them. The rules, the court, and the costs are set by each state. Use the state selector to open a guide built for your state, and check the less-restrictive alternatives first.

Start with your state

Guardianship is filed in a state court, and the process, evaluations, forms, and fees vary by state and sometimes by county. Pick your state to see how it works locally.

State guardianship guides are available for supported states.

What guardianship and conservatorship do

Guardianship and conservatorship are court arrangements for an adult a judge has found can no longer make safe decisions. A guardian generally handles personal and medical decisions, and a conservator generally handles money and property. Because the court removes legal rights from the person, it is treated as a serious step and is usually a last resort.

The labels and the exact split of duties differ by state. Your state guide explains the terms your court uses, who can petition, what evaluations are required, and how long the process usually takes.

Try these alternatives first

Courts generally must consider less-restrictive options before appointing a guardian. Common alternatives include a durable power of attorney, a healthcare directive or surrogate, a representative payee for benefits, supported decision-making, and trust or beneficiary planning. Many of these only work if they are set up while the person still has capacity.

If the person still has capacity, the estate planning and power of attorney guides may avoid a court case entirely.

Frequently Asked Questions

What is the difference between guardianship and conservatorship?
In most states, a guardian makes personal and medical decisions for an incapacitated adult, and a conservator manages money and property. Some states use one word for both, and some use different labels. The state guide explains the terms your court uses.
Do I need guardianship if my parent already signed a power of attorney?
Often not. A valid, current power of attorney and a healthcare directive can cover most decisions without a court case. Guardianship is usually needed when no valid documents exist, the documents do not cover the decision, or someone is misusing them.
Is guardianship the same in every state?
No. The court that hears the case, the standard of proof, the required evaluations, the forms, and the filing fees are set by each state and sometimes by the local court. Start with your state guide before relying on any specific step or cost.
How much does guardianship cost?
Costs vary by state and county and usually include a court filing fee plus, in many cases, attorney fees and the cost of a required evaluation. The state guide shows the filing-fee context where it is published.

Information current as of June 28, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.