Across the United States, many families face the difficult decision of what to do when an adult can no longer care for themselves. The numbers are significant. Nearly 1 in 9 adults over age 65, about 7.2 million people in 2025, have Alzheimer’s disease.
Meanwhile, there are about 1.3 million adult guardianships underway with more than $50 billion in assets being managed by guardians. These figures show just how common the issue is and why planning ahead is so important.
You may be asking:
- What happens if my loved one can no longer make decisions?
- Do they need a guardian or conservator?
- How do I name someone I trust to make decisions on their behalf?
This guide addresses the basics of adult guardianship, the step-by-step process, and why planning can protect your family. Guardianship, when well planned, can provide peace of mind and eliminate worries.
What Is Adult Guardianship, And Why Does It Matter
What Is Adult Guardianship, And Why Does It MatterWhen adults are unable to manage their own health, finances, or daily life, families usually turn to the court procedure of adult guardianship. It is designed to protect the individual’s welfare while giving someone they know and trust the authority to step in and make decisions on their behalf.
Adult guardianship (also at times called guardian of the person or guardian of the estate) is a court procedure whereby a court appoints someone (the guardian) to make personal or money decisions for an adult who has a lack of capacity or cannot safely make them for themselves.
The guardian can make health care decisions, handle finances, living arrangements, and other needs. The procedure will likely begin in probate court or a similar court where the adult lives. The court grants letters of guardianship (or their equivalent legal authority) that provide the guardian with permission to make decisions on behalf of the adult ward.
Why Is This Important?
Because if there is no guardian, and the person becomes incompetent to manage their affairs, relatives will fight over control, or the court will appoint someone the family doesn’t trust. Worse yet, decisions might be delayed, resources might be squandered, or medical wishes might be ignored. Planning creates security and peace of mind.
Suarez Law can manage guardianship and probate matters and may be able to provide particular legal advice on how to proceed. (You can find more about their guardianship practice on their website.)
When Do You Need A Guardian?
Not all adults who become ill, are disabled, or undergo age-related deterioration need a full guardianship. In most cases, people can remain independent with proper support systems or by signing documents like a durable power of attorney that gives authority to someone they trust and know to act on their behalf when necessary.
Guardianship is an extreme option because it limits one to the freedom to make his/her own decisions. It is for this reason that courts only resort to it when there is no other possible alternative, and families must carefully weigh the decision.
But there are certainly situations where guardianship is a blessing to have. Consider it when:
- The person can’t care for themselves or make decisions because of mental or physical illness or developmental disabilities.
- They are unable to handle finances, pay bills, or protect assets reliably.
- They refuse to work together on creating a durable power of attorney or don’t have one set up.
- You can expect disagreement between family members over care, money, or medical decisions.
- A less restrictive alternative is not viable.
Some situations call for emergency guardianship, a fast-track process if immediate intervention is necessary to protect the person’s health or finances. In these cases, the court will still require clear and convincing evidence that guardianship is appropriate and necessary.
Guardianship vs. Conservatorship — Which is Better?
The terms guardianship and conservatorship are employed differently in different states. In most locations, guardianship is personal and medical choices (guardian of the person), while conservatorship includes monetary choices (guardian of the estate).
Other courts use both terms interchangeably or allow the same person to carry out both roles. Whichever the nomenclature, the purpose is the same: the court gives someone legal authority to act on behalf of an adult unable to make safe decisions for himself or herself.
Step-By-Step: How To Appoint A Guardian
The following is a standard roadmap for a guardianship case. Local regulations vary state by state, so it’s always advisable to seek legal advice in your state before moving forward.
1. File A Petition
The process begins when an interested party, a relative or caregiver, for example, must petition the probate court in the adult’s county of residence. The petition is to name the proposed guardian, outline the adult’s incapacity (medical, mental, or physical), and specify the powers requested. Once completed, a copy of the petition must be delivered to the adult and immediate family members.
2. Notice Of The Hearing
After filing, the court requires that proper notice be given. The adult, his or her family members, and sometimes other interested parties must be informed of the proceedings. This gives them a chance to object to the guardianship if they believe it is unnecessary or inappropriate. At this stage, the court also sets the date for the hearing.
3. Court Visitor Or Investigation
In the majority of jurisdictions, a court visitor or investigator will be appointed to interview the adult and assess the potential guardian. The individual reports to the court, rendering an objective opinion of whether guardianship is necessary and if a less restrictive option is available.
4. Hearing
During the hearing, the court takes into account all testimony and evidence given. The petitioner must provide clear and convincing evidence that guardianship is appropriate, necessary, and in the best interest of the adult. The adult may oppose the proceeding and may appear along with his or her own attorney.
5. Appointment By The Court
When the court is satisfied with the petition, it will appoint a guardian and sign a court order and letters of guardianship. These documents give the guardian the authority to act. The courts may also order conditions, such as the filing of periodic reports or annual accountings, so that there is proper monitoring.
6. Ongoing Duties
Once a guardian is appointed, they have continuing responsibilities. They must make decisions in the best interest of the adult ward, stay within their authority, and report to the court as needed. If circumstances change, the guardianship can be changed or limited.
7. Closing Or Termination
Guardianship is not always long-term. When the adult regains capacity, or when the grounds for guardianship no longer apply, the guardian or other interested individual can make a request for the court to have it revoked. The court will hear the request and, where appropriate, disband the arrangement.
If you want to learn more about how Suarez Law processes these proceedings, or if you require legally qualified advice specific to your situation, you can do so on our guardianship page.
Why Preemptive Guardianship Planning Is Necessary
Why Preemptive Guardianship Planning Is NecessaryGuardianship planning is one of the best ways to reduce stress and protect loved ones. Instead of allowing a crisis to force rushed decisions, families can map out a clear path forward that keeps the adult’s needs first.
- Reduces conflict by designating roles in advance and avoiding family conflicts when a crisis hits.
- Preserves dignity and independence by limiting unnecessary court supervision.
- Speeds up decision-making so medical and financial choices don’t need to languish in limbo.
- Protects assets from mismanagement, fraud, or exploitation.
- Gives peace of mind to family members knowing a trusted person has the authority to act.
Preemptive planning transforms guardianship from a last-resort burden into a well-managed safety net shielding both the adult and the family.
When To Seek Legal Help From Suarez Law
If you or your loved one is facing any of the following, it is best to seek advice from an experienced firm such as Suarez Law:
- You’re unsure whether guardianship is needed or if a durable power of attorney will suffice.
- You’d appreciate help with the filing of a petition or with the probate court in the county.
- You want to limit the area of guardianship (e.g., just finances).
- You feel someone is abusing their role as a guardian and would like oversight or removal.
- You require assistance with special needs planning, which in most instances overlaps with guardianship.
- You simply require planning, document mapping, and avoidance of family conflicts.
- You can reach Suarez Law via their guardianship page (link) or directly by phone for a consultation.
Guardianship does not have to be a traumatic, eleventh-hour proposition. With thoughtful, anticipatory planning and legal advice, one can create a safety net that respects autonomy, protects assets, and ensures assurance of care. By the time guardianship becomes necessary, the process is less crisis intervention and more the application of well-considered decisions in the vulnerable adult’s best interest.
Take the time now to talk with family members, review durable powers of attorney and advance directives, and speak with a legal team such as Suarez Law to have your guardianship or conservatorship plan in place. That planning can turn a crisis into a peaceful, orderly move forward.
If you believe a loved one may soon need a guardian, or if you want to plan with tools like a durable power of attorney, the time to act is now. The guardianship process can feel complex, but you don’t have to go through it alone.
The team at Suarez Law has years of experience guiding families through guardianship and probate matters with care and clarity. Contact us today to schedule a consultation and get the legal advice you need to protect your family’s future.