Guide · Wills and Estates
Guardianship and Conservatorship: A Comprehensive Guide to Petitions, Powers, and Alternatives
42 U.S.C. § 405
- Type
- Guide
- Jurisdiction
- National
- Date
- 2025-06-21
- Topic
- Wills and Estates
This guide sets out the law and practice of adult guardianship and conservatorship from the alternatives analysis through restoration of rights. It begins with the least restrictive alternative principle and the substitutes that should be exhausted first, then works through the petition, notice, appointment of counsel, capacity evaluation, and the hearing and its standard of proof. Separate parts address the powers a guardian receives, the decisions requiring court approval, the substituted judgment standard, and the fiduciary duties governing an estate. Later parts cover ongoing obligations including inventory, reports, accountings, and bond; modification, successor appointment, removal, and restoration; benefits administration and the interaction with means-tested programs; contested cases and abuse patterns; interstate transfer; and guardianship of minors, which follows different standards.
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