ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Guardianship

My elderly aunt needs some help with her affairs, but she is not totally incapable. Might a guardianship meet her needs?

In most states, if a person has partial capacity, a guardian may be given only partial power over his or her affairs. This is generally called a limited guardianship. In your aunt's case, the court's guardianship order would identify the specific matters over which the guardian has authority. Your aunt would retain legal authority over all other areas of her life.

In all states, the courts try to ensure that a guardianship is the least restrictive alternative. This means that a guardianship restricts the ward as little as possible, letting the ward do whatever the disability allows.

Suppose your aunt can no longer manage her large estate, but she can handle her daily finances. A guardianship should let her keep control over everyday expenses. Or, let's say your aunt needs placement in a nursing home by the guardian. If she can say what type of nursing home she wants to live in, the guardian should honor those wishes.

Even when a limited guardianship is not feasible, the guardian should try to involve the ward in making decisions whenever possible and should make decisions that are consistent with the lifelong values of the ward.