Pursuing guardianship or conservatorship for an adult who is mentally incapacitated is always a last resort, but is sometimes necessary.  Typically, it is only needed if a person’s mental incapacity is going to be permanent or lengthy, the person does not have a durable power of attorney in place, and there are important decisions that must be made for the well-being of the incapacitated person.

A guardianship or conservatorship is a last resort because it involves a court proceeding where the petitioner (usually a close family member or friend) asks a judge to declare his or her dad, for example, mentally incompetent and unable to make decisions for himself. Though every case is different, guardianship or conservatorship can almost always be avoided if the person with diminished capacity has a durable power of attorney for finances and health care in place.  (Guardians are responsible for making decisions about personal care, while conservators are responsible for making financial decisions.)

Though I make every effort to help families avoid having to pursue guardianship or conservatorship, I can help you navigate this process if we decide that it needs to be done.