Guardianship is a legal arrangement in which one adult takes responsibility for another. A legal guardian has authority over the ward in their care. They can make decisions about that person’s daily life and their medical treatment.
A conservator, on the other hand, has financial authority. They can help preserve an individual’s assets when they are vulnerable and fulfill their financial obligations. Families watching the age or health-related decline of a loved one often do not want to take legal action if they can avoid doing so.
Sometimes, families wait too long to ask the courts for guardianship or conservatorship. They may then have major legal issues to address or may lose the opportunity to provide direct support to their loved ones. When is the right time to request guardianship or conservatorship?
When independent living becomes a challenge
Close family members often see warning signs of a loved one struggling before anyone else. They notice their confusion or recognize changes in their behavior. In scenarios where it is clear that an older adult has begun to struggle with the challenges of independent living, asking the courts to award guardianship or conservatorship could be the best option available.
When financial challenges arise
In scenarios where an older adult is at risk of eviction, foreclosure or a creditor lawsuit, they may need the support of their family members to avoid the worst-case scenario. Proof that an older adult has fallen victim to fraud or has consistently failed to properly manage their own financial affairs could convince the courts that guardianship or conservatorship is necessary.
When care providers express concern
The professionals providing in-home nursing support or working at a nursing home may inform family members that they worry about the mental acuity of an older adult. If family members ignore those concerns, then the care providers could theoretically take legal action first. The courts might grant unrelated professionals conservatorship and guardianship if there are no family members who seek that authority.
Other signs that it may be time to seek a conservatorship or guardianship include a recent diagnosis with a debilitating medical condition or indicators that an individual has ceased making medical decisions in their own best interests. If they have canceled and skipped health care appointments, that could be a sign that they need someone to step up and act on their behalf.
Pursuing guardianship or conservatorship can help protect people when they are at their most vulnerable. Concerned family members often need to act assertively to protect their vulnerable loved ones.
