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 West Virginia, 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 handle personal care or financial matters, a conservator or guardian is appointed to make decisions on their behalf. The process involves filing an application with the probate court, where the petitioner must prove the necessity of such an appointment and their suitability to act as a conservator or guardian. The adult in question, known as the proposed ward, is afforded legal protections during the proceedings, including representation by a guardian ad litem—an attorney tasked with protecting the interests of the proposed ward. In some cases, the matter may go to a jury trial if there are disputes. Disagreements among family members over the need for a conservatorship or guardianship, or over who should serve in that role, can lead to lengthy, costly, and emotionally taxing legal battles. West Virginia's specific statutes governing these matters can typically be found in the state's probate or estates code.