Guardianship and alternatives
A guardian or conservator is a decision-maker named by a court. Many states ask you to try less restrictive options first.
This guide explains the law in general. It does not prepare documents or tell you whether a document is valid.
What the states say
41 states have a guardianship page here, with the court, who may ask, the standard and the filing fee. Use the state chooser to find yours.
27 of 41 states describe a way to ask the court to waive the filing fee.
Supported decision-making
19 of 22 states we cover have a supported decision-making law, which lets an adult choose supporters instead of a guardian: see the table (19 states). Supported decision-making states
Documents you can make while you can decide
A power of attorney is a legal document that gives someone you choose legal authority to make decisions about your money or property, for example if you are sick or injured. You are the principal. The person you choose is the agent, also called an attorney-in-fact.
Source: CFPB, Managing Someone Else's Money: Help for agents under a power of attorney · Official text
A health care proxy (also called a representative, surrogate or agent) is a person who can make health care decisions for you if you cannot communicate them yourself. You name a proxy in an advance directive, often called a durable power of attorney for health care.
Source: National Institute on Aging, Choosing a Health Care Proxy · Official text
Benefits are separate
A court-appointed guardian or conservator also does not automatically become the payee. Social Security looks at the court order and decides who will serve as payee.
Source: SSA POMS GN 00502.139 · Official text
Form 8821 lets someone see or receive your tax information without representing you. A court-appointed guardian or other fiduciary uses Form 56 to tell the IRS about the fiduciary relationship.
Source: IRS, Instructions for Form 2848 · Official text
If you think someone is being exploited
Adult protective services agencies receive and investigate reports of suspected abuse, neglect or financial exploitation of older adults and adults with disabilities. You can also call the police or sheriff. To find your local adult protective services, call or text the Eldercare Locator at 1-800-677-1116 or visit eldercare.acl.gov.
Source: ACL, Protecting Rights and Preventing Abuse (Adult Protective Services); CFPB, Managing Someone Else's Money: Help for agents under a power of attorney; ACL Eldercare Locator · Official text
What to look for on your state’s page
- “Guardianship and conservatorship” on your state’s page: the name, the standard and the court.
- “Who can ask, which court and your own choice”: who may file, and how to name your own choice ahead of time.
- “Cost, fee waiver and forms”: the filing fee, any waiver and the court’s forms.
- “Other options and where to report abuse”: supported decision-making and less restrictive options.
- “Effect on a power of attorney”: what a guardianship does to a document you already made.
Questions to ask a lawyer or legal aid office
A lawyer or a legal aid office can answer these. This site cannot advise you.
- Is a less restrictive option enough, such as a power of attorney or supported decision-making?
- Who can file in my state, and in which court?
- What will it cost, and can the fee be waived?
- What reports does the court require after a guardian or conservator is named?
Free help
- Legal Services Corporation (LSC) - Find legal aid LSC was set up by Congress and funds 129 independent nonprofit legal aid organizations in every state, D.C. and the U.S. territories for people with low incomes. For a civil legal problem, enter an address or city to find one near you.
- LawHelp.org Look up information about your legal question and find free legal forms.
- Eldercare Locator (Area Agencies on Aging) · 1-800-677-1116 A public service of the federal Administration for Community Living that connects older adults and families with local services. You can call, text, chat online or email. For help planning advance directives, the National Institute on Aging suggests contacting your local Area Agency on Aging.
- CFPB guides for financial caregivers Free plain-language guides for agents under a power of attorney, court-appointed guardians and conservators, trustees, and Social Security or VA payees.
Pick your state
Your state's page has the form, the signing rules and the law for your state.
Free tools: the signing checklist and the letters to revoke a power of attorney or a health care directive are on each state's page.