A conservatorship or guardianship is a legal relationship created and supervised by a court of law that appoints one person (the conservator or guardian) to provide and care for another person (the conservatee or ward) who is incapacitated or unable to care for themselves. For example, older persons sometimes need help managing finances, health care, and housing decisions due to the effects of aging, illness, disease, or injury. And if an older person has not appointed a power of attorney for health care or finances a family member(s) or friend may seek a conservatorship or guardianship. Because conservatorships and guardianships are also used for minor children, laws and courts sometimes refer to conservatorships and guardianships for older persons as adult conservatorships and adult guardianships to distinguish from those for minor children.
A person seeking a conservatorship or guardianship of an adult generally must file an application with the appropriate court (often the probate court) and demonstrate that the adult needs a conservator or guardian and the person seeking to be the conservator or guardian is fit for the job. The older person (proposed ward) is entitled to protections during the application process, including a guardian ad litem (attorney) to represent the proposed ward’s interests, and sometimes a jury trial on any disputed matters.
If the proposed ward’s family members do not agree on whether the proposed ward needs a conservatorship or guardianship, or on who the conservator or guardian should be, a conservatorship or guardianship proceeding may be time-consuming, expensive, and stressful.
Laws regarding adult conservatorships and guardianships vary from state to state and are usually located in a state’s statutes—often in the probate code or estates code.
In Texas, conservatorship and guardianship are legal arrangements where a court appoints an individual (the conservator or guardian) to care for another person (the conservatee or ward) who cannot manage their own care due to incapacitation. This is often relevant for older adults who are unable to handle personal affairs due to aging, illness, or injury, and have not designated a power of attorney. The process involves filing an application with a court, typically a probate court, where the applicant must prove the necessity of the conservatorship or guardianship and their suitability to act as guardian. The proposed ward is entitled to legal protections, including representation by a guardian ad litem, and may be entitled to a jury trial if there are disputes. Disagreements among family members over the need for a conservatorship or guardianship, or over who should serve in that role, can make the proceedings lengthy, costly, and emotionally taxing. Texas laws on adult conservatorships and guardianships can be found in the state's statutes, often within the probate or estates code.
