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 Mexico, 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 include older adults who are unable to handle their finances, healthcare, or housing due to aging, illness, or injury. When an older person has not designated a power of attorney, a family member or friend may petition the court for a conservatorship or guardianship. The process involves filing an application with the appropriate court, typically the probate court, and proving the need for such an arrangement and the suitability of the proposed conservator or guardian. The person who may become the ward is entitled to legal protections, including representation by a guardian ad litem, and potentially a jury trial if there are disputes. Disagreements among family members about the necessity of a conservatorship or guardianship, or about who should serve in that role, can lead to lengthy, costly, and stressful legal proceedings. New Mexico's specific statutes governing these matters can be found in the state's probate code or estates code, and they outline the procedures and requirements for establishing conservatorships and guardianships for adults.