Guardianship/Conservatorship

Every adult is assumed to be capable of making their own decisions unless a court determines otherwise. If an adult becomes incapable of making responsible decisions, the court will appoint a substitute.

Elderlaw 101

In most states, anyone interested in the well-being of an individual who may be incapacitated - called the “proposed ward” - can request a guardianship for that person. ...

Elderlaw 101

The standard under which a person is deemed to require a guardian differs from state to state, and sometimes even within state, depending on whether a complete guardianship or only a conservatorship over finances is being sought.

Elderlaw 101

Netflix’s popular new movie, "I Care a Lot," may be far-fetched in a lot of ways, but it does highlight some real weaknesses in the guardianship system. Fortunately, steps can be taken to avoid the kind of nightmare the film portrays. ...

Elderlaw 101

In a funny and scary segment, John Oliver recently highlighted problems with the guardianship system on his HBO show, Last Week Tonight with John Oliver.

Elderlaw 101