ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Guardianship

When is the appointment of a guardian appropriate?

People need a guardian when

1. they can no longer manage their affairs because of serious incapacity;

2. no voluntary arrangements for decision making and management have been set up ahead of time (or if they have been set up, they are not working well); and

3. serious harm will come to the individual if no legally authorized decision maker is appointed.