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Checklist: Guardianship and Conservatorship Checklist

Guardianship and conservatorship are legal arrangements established through estate planning to protect individuals who are unable to make decisions for themselves due to incapacity or disability. Guardianship involves appointing someone to make personal and healthcare decisions for an incapacitated person, while conservatorship involves appointing someone to manage the financial affairs and assets of an incapacitated person.

By following the checklist below, individuals and families can navigate the guardianship and conservatorship process with clarity, accountability, and sensitivity to the needs of the individual involved.

  • Determine if the individual lacks the capacity to make decisions regarding their personal care or finances due to age, disability, or incapacity.

  • Understand the legal definitions of guardianship and conservatorship in your jurisdiction.

  • Differentiate between guardianship (for personal care decisions) and conservatorship (for financial decisions).

  • Consider less restrictive alternatives to guardianship/conservatorship, such as powers of attorney, advance directives, or supported decision-making arrangements.

  • Seek guidance from legal and financial professionals specializing in guardianship and conservatorship matters.

  • Understand the legal requirements, responsibilities, and potential consequences of serving as a guardian or conservator.

  • Identify potential guardians or conservators who are willing and able to assume the responsibilities.

  • Consider factors such as trustworthiness, availability, and suitability for the role.

  • File a petition with the appropriate court to initiate the guardianship/conservatorship proceedings.

  • Follow the legal requirements and procedures for filing the petition in your jurisdiction.

  • Provide notice of the guardianship/conservatorship proceedings to interested parties, including family members, caregivers, and relevant agencies.

  • Participate in court evaluations, assessments, or hearings to determine the individual’s capacity and need for guardianship/conservatorship.

  • Cooperate with court-appointed evaluators, experts, or guardians ad litem.

  • Develop care plans for guardianship decisions regarding the individual’s personal care, medical treatment, living arrangements, and other essential needs.

  • Develop management plans for conservatorship decisions regarding the individual’s finances, assets, and property.

  • Obtain court approval for the appointment of a guardian or conservator.

  • Comply with court requirements and provide necessary documentation to support the appointment.

  • Act in the individual’s best interests and follow the principles of fiduciary duty and duty of care.

  • Maintain ongoing oversight of the individual’s well-being, needs, and financial affairs.

  • Report to the court as required and seek court approval for significant decisions or changes.

  • Keep accurate records of guardianship/conservatorship activities, decisions, and expenditures.

  • Provide periodic accountings to the court and interested parties as required by law.

  • Monitor the individual’s circumstances and periodically review the need for guardianship/conservatorship.

  • Consider modifications or termination of the guardianship/conservatorship if circumstances change.

  • Seek support and resources from advocacy organizations, support groups, and professional associations specializing in guardianship and conservatorship issues.

  • Stay informed about relevant legal developments, best practices, and community resources.

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