Why would I need a guardianship or conservatorship?
People in different situations may need a guardian or conservator:
Some examples could include:
- A person with an intellectual or cognitive disability
- A person with a mental health condition
- A person who has experienced a stroke or a head injury which has resulted in a mental disability
- A person who has a disease such as Alzheimer’s which affects decision-making ability
Some people in these situations don’t need a guardian or conservator. Whether they need one depends on how well the person can make good choices about their health, safety, and personal needs. It also depends on how much help they get from family or friends. Sometimes, a power of attorney or informal help can be enough to take care of the person’s needs.
For more information, see Determining if a Guardianship or Conservatorship is Necessary.
Are there other choices so I don’t need one?
There are many alternatives available to help you. Supported decision-making may be all you need. You can make some decisions but need help with others. There are financial options s like joint bank accounts and financial powers of attorney. There are personal options like a health care power of attorney or community-based services.
For more information, see Alternatives to Guardianship and Conservatorship.
If I am under a guardianship and conservatorship, what are my rights?
Your guardian or conservator are given rights to make decisions for you which are set out in a court order. You keep any rights not given to the guardian or conservator. In addition, you have rights:
- To an attorney
- To ask the court to modify or end the guardianship or conservatorship
- To see any reports or plans that the guardian or conservator have for you
- You have other rights such as voting, making friends and others
For more information, see Your Rights as a Protected Person.
I’ve heard about supported decision-making. What is that and would it help me?
Supported decision-making uses tools and supports to help you understand, make, and communicate your choices. It is based on your needs. It could be giving you more time to make a decision or giving you the information in writing or in a video. It could be a joint bank account or bringing someone to meetings with you. It is as varied as your needs.
For more information, see Standards and Principles of Supported and Substitute Decision Making.
What is the difference between a guardian and a conservator?
A guardian is the person or organization appointed by the court to make personal care decisions for someone. Some personal care decisions require prior court approval.
A conservator is a person or organization appointed by the court to have control of the property and money of a person.
How do I end a guardianship or conservatorship?
You must ask the court to end the guardianship or conservatorship. You will need to be able to show that you no longer need the help to make decisions.
See Guardianship and Conservatorship: Your Rights as a Protected Person.
How do I change my guardian or conservator?
You can ask the court to change the guardian or conservator. If you generally get along but have a particular issue that is a problem, you could try using a mediator to help the two of you resolve your problem.
See Guardianship and Conservatorship: Your Rights as a Protected Person.
For more information on guardianship and conservatorship, download a brochure here.