Several circumstances may make a guardianship necessary:



  • Elderly parents who did not execute a Healthcare or Financial Power of Attorney and who become incapacitated will require appointment of a Guardian by the Court.
  • Disabled children who become 18 will need a parent or other caretaker to continue to care for them. Only formal appointment by a Court can give the parent or other caretaker the authority to act for a disabled child who has become 18.
  • Incapacitated adults who do not have valid Powers of Attorney authorizing an agent to act on their behalf will also require a Guardian and/or Conservator appointment through the Court.

A Power of Attorney gives authority to an agent who can care for and look after the health and welfare of the incapacitated adult. A Power of Attorney can only be executed by an adult while he or she is competent.

Informational checklist for guardianship proceeding for an adult.