Guardianship
In one sentence
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Plain English
Guardianship is a legal relationship created by a court when someone (the ward) cannot make decisions for themselves due to age, disability, or incapacity. The guardian has the power to make medical, educational, and financial decisions for the ward. It's often used for minor children whose parents have died or are unfit, or for adults with severe mental or physical disabilities.
Example
When twelve-year-old Marcus's parents die in an accident, his aunt petitions the court for guardianship. The court appoints her as his legal guardian, giving her authority to make decisions about his schooling, medical care, and finances until he turns eighteen.
Used in a sentence
“The court established guardianship for the elderly man with advanced dementia, appointing his daughter to manage his care and finances.”
How Guardianship differs by state
Guardianship can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama requires clear and convincing evidence that the person cannot care for themselves before appointing a guardian.
Alaska
Alaska prioritizes less restrictive alternatives and requires courts to consider guardianship only when no other option exists.
Arizona
Arizona law presumes capacity unless proven otherwise and requires the petitioner to show clear and convincing evidence of incapacity.
Arkansas
Arkansas requires a physician's affidavit or medical evidence supporting incapacity before a guardianship petition can proceed.
California
California requires a conservatorship petition to include medical or professional evidence and allows the person to contest the appointment.
Colorado
Colorado requires clear and convincing evidence that the person lacks capacity before appointing a guardian.
Connecticut
Connecticut prioritizes the least restrictive alternative and requires the court to consider whether limited guardianship is appropriate.
Delaware
Delaware requires a physician's affidavit or medical evidence demonstrating incapacity as part of the guardianship petition.
Florida
Florida mandates a court-appointed guardian ad litem and requires clear and convincing evidence of incapacity in all guardianship cases.
Georgia
Georgia requires the Superior Court to appoint a guardian ad litem and demands medical or professional evidence of incapacity.
Hawaii
Hawaii requires clear and convincing evidence that the person cannot care for themselves before appointing a guardian.
Idaho
Idaho allows guardianship only when the person is incapacitated and no less restrictive alternative exists.
Illinois
Illinois requires a physician's affidavit and clear and convincing evidence of incapacity before appointing a guardian.
Indiana
Indiana presumes capacity unless proven otherwise by clear and convincing evidence in a guardianship proceeding.
Iowa
Iowa requires a physician's report and clear and convincing evidence of incapacity to establish guardianship.
Kansas
Kansas requires clear and convincing evidence that the person cannot care for themselves before appointing a guardian.
Kentucky
Kentucky distinguishes between guardianship of the person and guardianship of the estate, allowing courts to appoint separate guardians for each.
Louisiana
Louisiana uses a civil law system where guardianship (tutorship) is governed by the Civil Code and emphasizes the tutor's fiduciary duties to the ward.
Maine
Maine presumes individuals have capacity unless proven otherwise and requires guardians to use the least restrictive alternative available.
Maryland
Maryland allows guardians to be appointed for minors and incapacitated adults, with different procedures and standards for each category.
Massachusetts
Massachusetts requires clear and convincing evidence that the person lacks capacity before appointing a guardian.
Michigan
Michigan allows both full and limited guardianships, with preference given to the least restrictive alternative.
Minnesota
Minnesota presumes individuals have capacity and requires the petitioner to prove incapacity by clear and convincing evidence.
Mississippi
Mississippi requires a physician's affidavit or medical evidence of incapacity before establishing guardianship.
Missouri
Missouri requires clear and convincing evidence of incapacity and mandates appointment of a legal representative for the allegedly incapacitated person.
Montana
Montana requires clear and convincing evidence that the person cannot care for themselves before appointing a guardian.
Nebraska
Nebraska requires the alleged incapacitated person to receive notice and have the right to an attorney before guardianship is established.
Nevada
Nevada allows guardians to make healthcare decisions and manage property, but the court must find the person lacks capacity by clear and convincing evidence.
New Hampshire
New Hampshire requires the court to find by clear and convincing evidence that the person is incapacitated and needs a guardian.
New Jersey
New Jersey requires the court to find by clear and convincing evidence that the person lacks capacity and cannot make decisions before appointing a guardian.
New Mexico
New Mexico requires clear and convincing evidence that the person cannot manage their affairs before appointing a guardian.
New York
New York requires a physician's affidavit and clear and convincing evidence of incapacity before guardianship appointment.
North Carolina
North Carolina allows guardianship for minors and incapacitated adults, with courts favoring less restrictive alternatives when possible.
North Dakota
North Dakota requires a petition, medical evidence, and a hearing before appointing a guardian for an incapacitated person.
Ohio
Ohio requires a physician's statement and clear and convincing evidence of incompetency before appointing a guardian.
Oklahoma
Oklahoma requires clear and convincing evidence that the person cannot manage their affairs before appointing a guardian.
Oregon
Oregon prioritizes less restrictive alternatives and requires the court to consider whether a guardianship is truly necessary.
Pennsylvania
Pennsylvania uses an incapacity standard and requires the court to determine specific areas where the person cannot manage their affairs.
Rhode Island
Rhode Island requires a physician's report and clear evidence of incapacity before appointing a guardian.
South Carolina
South Carolina requires the court to find that the person lacks capacity and cannot care for themselves before appointing a guardian.
South Dakota
South Dakota requires clear and convincing evidence that the person cannot care for themselves before appointing a guardian.
Tennessee
Tennessee allows limited guardianships that restrict only specific rights rather than removing all decision-making authority.
Texas
Texas presumes individuals are capable unless proven otherwise and requires specific findings about which rights the guardian will exercise.
Utah
Utah requires guardians to prioritize the person's preferences and values, even if different from what the guardian thinks best.
Vermont
Vermont requires clear and convincing evidence of incapacity and strongly favors alternatives like powers of attorney before appointing a guardian.
Virginia
Virginia requires clear and convincing evidence that the person cannot manage affairs before appointing a guardian.
Washington
Washington presumes all adults have capacity unless proven otherwise and favors alternatives like supported decision-making.
West Virginia
West Virginia allows guardianships for minors and incapacitated adults, with preference for limited guardianships when possible.
Wisconsin
Wisconsin uses "protective supervision" and "guardianship" as distinct options, with protective supervision requiring less court involvement.
Wyoming
Wyoming law emphasizes the least restrictive alternative and requires courts to consider limited guardianship before full guardianship.
District of Columbia
D.C. requires a guardianship petition filed in Superior Court with clear and convincing evidence that the person lacks capacity.
Related terms
Power of Attorney
A legal document authorizing someone to act on your behalf in financial or medical decisions.
Living Will
A document stating your wishes about life-sustaining medical treatment if you become unable to communicate.
custody
Physical control or confinement of a person by law enforcement or the state.
Legal Capacity
The legal and mental ability to enter into a binding contract.
Probate
The court process of validating a will and distributing a deceased person's estate.
Public Policy
Contracts that violate society's fundamental interests or values are unenforceable.
Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.