Elder guardianship, or elder conservatorship, is a legal relationship created when a court appoints an individual to care for an elderly person who is no longer able to care for themselves. The appointed guardian has certain duties and responsibilities to the elderly person.
Deeper dive
Why might someone need a guardian?
It may be in the older person’s best interests to have a court-appointed guardian if they are unable to properly manage their own care – such as medications or finances. It is then up to the guardian to make personal and/or financial decisions. Some incapacitated individuals can make responsible decisions in some areas of their lives but not others. In such cases, the court may give the guardian decision-making power over only those areas in which the incapacitated person is unable to make responsible decisions (called “limited guardianship”).
Every state has its own guardianship processes and requirements but generally, an elder guardian is the spouse, adult child, other relative; in some cases, a representative of the state or local agency. In recent years, an entire service industry of private professional guardians has grown out of the increasing demand for guardians. Each state has a public guardianship program, funded by state or local governments, to serve incapacitated adults who do not have the means to pay for the costs associated with guardianship and do not have family or friends who can serve in this role.
According to the National Guardianship Association, five major issues that pose particular challenges for the court:
- Determination of capacity
- Costs associated with the administration of guardianships
- Training and education standards for judges and court staff
- Court monitoring of guardianships
- Collection of data
Once the court appoints a guardian, that guardian has complete control over the ward’s property and finances. Guardians can block family visits, determine where the ward will live, and sell property. In addition, guardians charge fees for their services which are payable from the elderly person’s bank account. When a senior gets caught up in the guardianship system, it can be very difficult to get out.