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 New Jersey, conservatorship and guardianship are legal arrangements established by the court to assist individuals who are incapacitated and unable to manage their own affairs, such as the elderly or those with certain disabilities. The process involves filing a petition in the Superior Court, usually in the Chancery Division, Probate Part. The petitioner must demonstrate that the individual in question (the proposed ward) is unable to govern themselves and/or their property and that the appointment of a guardian or conservator is necessary. New Jersey law provides safeguards for the proposed ward, including the right to an attorney (guardian ad litem) to represent their interests during the proceedings. If there is a dispute among family members regarding the need for a guardianship or conservatorship, or over who should serve in that role, the process can become complex, costly, and emotionally taxing. The relevant statutes governing these matters in New Jersey can be found in the New Jersey Statutes Annotated (N.J.S.A.), particularly in Title 3B, which pertains to the administration of estates and fiduciaries.