A guardianship and conservatorship removes the fundamental right of the protected person to make his or her own decisions. Because of this profound loss of freedom and dignity, state laws requires that guardianship and conservatorship be imposed only when less restrictive alternatives will be ineffective. Some incapacitated individuals can make responsible decisions in some areas of their lives but not others. Therefore, the law provides a preference for a limited guardianship and conservatorship. A limited guardian or conservator has only those powers listed in the court order.

Proper advanced planning can often prevent the need for a guardianship and conservatorship. Through the use of trusts, advance healthcare directions, powers of attorney and representative payees, a guardianship and conservatorship can be avoided. However, those things must be put in place before a person loses their mental capacity.

If an adult is not able to provide for their care or protect their physical or financial safety, the court may appoint a substitute decision maker, either a guardian or conservator or both. You must go through the Court to have a guardian and conservator named. Even if you nominate someone to be your guardian in a Power of Attorney or Advanced Healthcare Directive, this person will still need to be approved by the court.

A guardian is a person or institution appointed by a court to make decisions about the personal well-being — residence, health care, nutrition, education, personal care, etc. — of an incapacitated adult, who is called a "protected person."

A conservator is a person or institution appointed by the court to make decisions about a protected person's estate. The protected person's estate includes all of his or her property, business and personal. Some examples are income (such as wages, an annuity, a pension, and Social Security or other government benefits), real property (buildings and land), and personal property (furniture, cash, bank accounts, certificates of deposit, stocks, bonds, motor vehicles, and other valuables). A conservator must use reasonable care, skill and caution to manage and invest the estate to meet the protected person's needs over his or her expected life.