A conservatorship or guardianship is a legal relationship created and supervised by a court of law that appoints one person (the conservator or guardian) to provide and care for another person (the conservatee or ward) who is incapacitated or unable to care for themselves. For example, older persons sometimes need help managing finances, health care, and housing decisions due to the effects of aging, illness, disease, or injury. And if an older person has not appointed a power of attorney for health care or finances a family member(s) or friend may seek a conservatorship or guardianship. Because conservatorships and guardianships are also used for minor children, laws and courts sometimes refer to conservatorships and guardianships for older persons as adult conservatorships and adult guardianships to distinguish from those for minor children.

A person seeking a conservatorship or guardianship of an adult generally must file an application with the appropriate court (often the probate court) and demonstrate that the adult needs a conservator or guardian and the person seeking to be the conservator or guardian is fit for the job. The older person (proposed ward) is entitled to protections during the application process, including a guardian ad litem (attorney) to represent the proposed ward’s interests, and sometimes a jury trial on any disputed matters.

If the proposed ward’s family members do not agree on whether the proposed ward needs a conservatorship or guardianship, or on who the conservator or guardian should be, a conservatorship or guardianship proceeding may be time-consuming, expensive, and stressful.

Laws regarding adult conservatorships and guardianships vary from state to state and are usually located in a state’s statutes—often in the probate code or estates code.

In Illinois, conservatorship and guardianship are legal arrangements where a court appoints an individual (the guardian) to make decisions for another person (the ward) who is unable to manage their own affairs due to incapacity. This can be due to age, illness, or disability. Illinois law typically refers to this arrangement as guardianship rather than conservatorship, and it is governed by the Illinois Probate Act. To establish guardianship for an adult, a petition must be filed in the probate court, demonstrating the need for a guardian and the suitability of the petitioner to serve as guardian. The proposed ward is entitled to legal protections, including representation by a guardian ad litem—an attorney appointed to represent the ward's interests. If there is a dispute among family members regarding the need for guardianship or the choice of guardian, the process can become complex, costly, and emotionally taxing. The court will consider the best interests of the proposed ward when making a decision. It's important to note that less restrictive alternatives, such as powers of attorney for healthcare or property, may be considered before a guardianship is established.