ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Guardianship

What if someone thinks I need a guardian, and I do not want one?

Every state gives the allegedly incapacitated person a chance to fight the petition for guardianship. If you do not think you need a guardian, you must let the court know that. Usually, you do this by appearing in court on the day of the hearing or asking someone to represent you at the hearing.

It is best to get your own lawyer to represent you at the hearing. If you cannot afford one, many states require that the court appoint one at the state's expense. Some free legal services programs for older persons will help you fight a guardianship. If you cannot get to court or hire a lawyer, you may write the court about your objection to the guardianship.