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 Louisiana, a conservatorship is known as an interdiction, and guardianship is referred to as tutorship when it concerns minors, and curatorship for adults who are incapacitated. The process is governed by the Louisiana Code of Civil Procedure and other relevant statutes. When an adult is unable to care for themselves or manage their affairs due to aging, illness, or disability, a family member or friend can petition the court for interdiction. The court will appoint a curator to make decisions on behalf of the interdicted person. The person who may need a curator is referred to as the interdict, and they are entitled to legal protections during the process, including representation by an attorney. If there is a dispute among family members about the need for a curator or who should serve as the curator, the proceedings can become complex and drawn-out. It's important to note that Louisiana law may have unique provisions compared to other states, particularly because it is influenced by the Napoleonic Code, which differs from the common law tradition followed by most other U.S. states.