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 North Dakota, conservatorship and guardianship are legal arrangements established by the court to assist individuals who are unable to manage their own affairs due to incapacity. This can be due to aging, illness, or disability. When an adult cannot make decisions for themselves and has not designated someone through a power of attorney, a family member or friend may petition the court for the appointment of a guardian or conservator. The process involves filing an application with the appropriate court, which is typically the probate court in North Dakota. The petitioner must demonstrate the necessity of a guardianship or conservatorship and their suitability to serve in that role. The proposed ward is entitled to legal protections, including representation by a guardian ad litem, and may be entitled to a jury trial if there are disputes. If family members disagree on the need for a conservatorship or guardianship, or on who should serve as the guardian or conservator, the proceedings can become complex, costly, and emotionally taxing. North Dakota's specific statutes governing these matters can be found in the North Dakota Century Code (NDCC), particularly in the sections dealing with probate law and guardianships.