Guardianship/Conservatorship

A growing problem with adult guardianship abuse is giving rise to calls to reform the system. Vulnerable elderly can get caught in the guardianship system, being harmed and exploited by the very process that is supposed to protect them.

Can the state sue my elderly mother in the nursing home for guardianship of her Down syndrome child? ...

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court...

Can a nursing home refuse to allow my family to transfer my father to another facility if I have power of attorney? We were told because my sister placed him there I could not have him transferred until she approved...

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

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

What would you do if both your parents asked you to assist them with their suicides within the same year? A decade after the fact, a son recounts how he fulfilled his parents' wishes.

The Senate Special Committee on Aging held a hearing on the nation's guardianship system Thursday, July 22, at w...