A guardianship is a legal proceeding in which a court appoints a guardian to care for the person and property of a minor child.

In most states, the parents of a child are the natural guardians. If the parents are unable or unwilling to serve as guardians, the court may appoint a grandparent, sibling, or other close relative.

A guardian has the duty to provide food, clothing, and shelter for the child, to make medical decisions for the child, and to manage the child's financial affairs.

A guardianship is for minors, while a conservatorship is for adults. A guardianship is for the person, while a conservatorship is for the property.

In most states, a spouse or child of the incapacitated person is the natural conservator. If the spouse or child is unable or unwilling to serve as conservator, the court may appoint a sibling, other close relative, friend, or professional conservator.

A conservator has the duty to manage the financial affairs of the incapacitated person. This includes paying bills, collecting income, and investing assets.

A guardianship lasts until the child reaches the age of 18. A conservatorship lasts until the incapacitated person regains capacity or until the guardian or conservator is removed by the court.

A guardian or conservator may be removed by the court for neglect or abuse of the child or incapacitated person, mismanagement of the child's or incapacitated person's property, or incapacity of the guardian or conservator.

To establish a guardianship or conservatorship, you must file a petition with the court, serve notice on the child or incapacitated person and their family members, and attend a hearing before a judge.

The costs of establishing a guardianship or conservatorship include filing fees, attorney fees, and court costs.

The benefits of establishing a guardianship or conservatorship include protection of the child or incapacitated person, management of the child's or incapacitated person's property, and peace of mind for the family.

Alternatives to establishing a guardianship or conservatorship include power of attorney, living trust, and special needs trust.

You should consider establishing a guardianship or conservatorship when a child's parents are unable or unwilling to care for them, when an adult becomes incapacitated, or when a person needs help managing their financial affairs.

You can find a qualified guardian or conservator by asking your attorney for recommendations, contacting your local bar association, or searching online for qualified professionals.

If you are concerned about the care of a child or incapacitated person, you should contact the child's or incapacitated person's guardian or conservator, contact the child's or incapacitated person's family members, and contact the local adult protective services agency.