How to Tell If Your Parent Needs Guardianship or Conservatorship, And What to Do First

Caring for an aging parent brings many challenges, but few are as emotionally complex as realizing your parent may no longer be able to manage their own affairs. Whether due to dementia, cognitive decline, or undue influence, there are times when court intervention becomes necessary to safeguard your parent’s wellbeing and assets.

If no legal planning, like a power of attorney or patient advocate designation, has been done ahead of time, you may need to petition the court for guardianship or conservatorship.

Understanding the Basics

• Guardianship confers legal authority on someone to make personal and medical decisions for a person who can no longer make them.
• Conservatorship allows someone to manage another person’s financial affairs, including paying bills, managing investments, and protecting assets.

Both of these roles require formal court approval, ongoing oversight, and carry significant responsibility. Courts only grant guardianship or conservatorship when there’s no other legal authority in place.

Red Flags to Watch For

You may need to consider guardianship or conservatorship if any of the following apply:

• Your parent is missing necessary bill payments or seems confused about financial matters.
• They have been diagnosed with Alzheimer’s, dementia, or a similar condition affecting their ability to make decisions.
• You observe signs of self-neglect, such as poor hygiene or missed medications.
• A new “friend” or relative has suddenly become very involved in your parents’ decisions, especially regarding finances.
• There is no Power of Attorney or Patient Advocate Designation in place.

Recognizing these warning signs early can help protect your parent’s well-being and financial security.

What to Do First

If you’ve answered “yes” to any of the previous concerns—and your parent hasn’t already granted someone legal authority—you may need to petition the probate court.

Here’s what that process generally involves:

1. Gather Evidence
: Collect documentation such as medical evaluations, financial records, and specific examples highlighting your concerns.
2. File Legal Forms
: Submit the appropriate petitions and legal paperwork for guardianship or conservatorship to the court.
3. Notify Interested Parties
: Inform other family members and, in some cases, your parent, that the legal process is underway.
4. Court Evaluation and Hearing: The court may appoint a guardian ad litem (an independent investigator) and schedule a hearing to determine whether legal intervention is required.

Navigating these steps can feel overwhelming, but understanding the process and seeking experienced guidance can make it more manageable.

You're Not Alone in This

Pursuing guardianship or conservatorship is never easy. These are deeply personal decisions, often made during times of stress and when you’re concerned about a loved one’s well-being. Yet, when necessary, taking this step can help prevent harm and create a safer, more structured environment for your parent.

We assist families through this process every day, helping to make it less overwhelming, more compassionate, and always focused on dignity and care.

If you’re concerned about your parents’ ability to manage their lives safely, now is the time to consult an experienced elder law attorney. Whether you’re seeking advice or are ready to move forward, we’re here to support you.