Bob National Care Planning Care Council

Guardianship and Fiduciary Services for Seniors

Compassionate help for seniors and families when important decisions become hard to make. We guide you through court-approved guardianship of the person and connect you with trusted eldercare services in your area.

What Is “Guardianship of the Person”?

Guardianship of the person is a legal process where a court appoints a trusted decision-maker (a guardian) for an adult who cannot make or communicate personal or medical choices safely. After medical evaluations and a court hearing, the guardian is authorized to:
  • Decide where the person lives (home, assisted living, memory care)
  • Consent to medical and mental health care
  • Arrange home care and daily support
  • Coordinate transportation, nutrition, safety, and services
  • Communicate with doctors, hospitals, and care providers
Guardianship is serious and can be adversarial because it limits a person’s rights. Courts weigh evidence carefully to protect the adult’s best interests.
Older couple deciding guardian

Who Might Need a Guardian?

A guardian may be needed when an adult cannot:
  • Understand choices, weigh risks and benefits, or communicate decisions
  • Stay safe without help due to memory loss or confusion
  • Manage health care, medications, or living arrangements
Common situations include:
  • Advanced dementia or Alzheimer’s disease Stroke, brain injury, or neurological conditions
  • Serious mental illness or developmental disability
  • Severe medical conditions that impair judgment
Tip: Guardianship is often a last resort. If possible, consider less-restrictive options like a durable power of attorney, health care proxy, or supported decision-making.

How We Help

Our goal is to protect the person and ease the burden on families.
  • Free consultation to understand your situation
  • Guidance on alternatives (if appropriate) before seeking guardianship
  • Help coordinating medical capacity evaluations
  • Support with court filings, notices, and hearing preparation
  • Ongoing care coordination after appointment (if the court approves a guardian)
Timelines vary by state and court. We accompany you at each step to reduce stress and delays.
Nurse giving service to the older womens

Frequently Asked Questions

Is guardianship the same as power of attorney?
No. A power of attorney (POA) is chosen by the person while they still have capacity. Guardianship is ordered by a court when a person can no longer make safe decisions and has no effective POA in place.
What decisions can a guardian of the person make?
Personal and health decisions such as living arrangements, medical care, and daily supports. Financial decisions usually require a separate “conservator of the estate” or another fiduciary arrangement.
How long does guardianship last?
It depends on the court’s order. Some guardianships are limited or temporary; others may be ongoing and reviewed periodically.
Is guardianship always necessary?
Not always. Courts consider less-restrictive alternatives first, such as POA, health care proxy, representative payee, or supported decision-making.
Does guardianship remove all rights?
Courts aim to preserve as many rights as possible. Orders can be limited to specific decisions, depending on the person’s abilities.
How much does it cost?
Costs vary by state, court fees, attorney needs, and evaluations. We provide a clear estimate after the initial consultation.

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