---
title: "What Is Guardianship? Home Care Glossary | HomeCare.com"
description: "Guardianship is a legal process in which a state court finds a person incapacitated and appoints someone else to make decisions for them. Some states call..."
url: https://homecare.preview.multisites.ai/glossary/guardianship/
publisher: HomeCare.com
phone: 800-974-3458
start: https://care.homecare.com/?source=homecare.com
---

Legal and planning

# Guardianship

Guardianship is a legal process in which a state court finds a person incapacitated and appoints someone else to make decisions for them. Some states call it conservatorship. It can be limited to certain areas or cover all decisions. It limits the person's own rights.

## Why it matters for your family

Guardianship is serious. The ACL says it limits a person's choices, such as where to live and what medical care to receive, and often it is used when less restrictive options would work. Many families reach it after a parent with dementia has no power of attorney in place. A court process can cost money and take time. Planning early with a power of attorney and a health care proxy can help avoid it. Options such as supported decision-making keep the person in charge with help. A common mistake is thinking guardianship is a quick form to sign. Talk to an elder law attorney. This is general information, not legal advice.

Source: [acl.gov](https://acl.gov/programs/empowering-advocacy/alternatives-guardianship)

[Read more: What is Elder Law and Do You Need an Elder Care Attorney?](https://homecare.preview.multisites.ai/paying-for-care/elder-law-attorney/)

## Related terms

-   [**Conservatorship**Conservatorship is a court process in which a judge appoints a person, the conservator, to manage another adult's affairs.](https://homecare.preview.multisites.ai/glossary/conservatorship/)
-   [**Power of attorney**A power of attorney (POA) is a legal document in which one person, the principal, names another person, the agent, to act for them.](https://homecare.preview.multisites.ai/glossary/power-of-attorney/)
-   [**Durable power of attorney**A durable power of attorney is a power of attorney that stays in effect if the person who signed it becomes incapacitated.](https://homecare.preview.multisites.ai/glossary/durable-power-of-attorney/)
-   [**Capacity assessment**A capacity assessment is an evaluation of whether a person can make a specific decision, such as signing a legal document or agreeing to treatment.](https://homecare.preview.multisites.ai/glossary/capacity-assessment/)
-   [**Elder law attorney**An elder law attorney is a lawyer who focuses on legal issues of older adults.](https://homecare.preview.multisites.ai/glossary/elder-law-attorney/)
-   [**Healthcare surrogate**A healthcare surrogate is a person who makes medical decisions for someone who cannot decide for themselves.](https://homecare.preview.multisites.ai/glossary/healthcare-surrogate/)

[All glossary terms](https://homecare.preview.multisites.ai/glossary/)

## Talk to a care advisor today.

Free consultation. No minimums, no contracts.

[800-974-3458](tel:+18009743458)

[Call a care advisor](tel:+18009743458)[Find a caregiver online](https://care.homecare.com/?source=homecare.com)

![A caregiver bringing a meal to an older man at home](https://homecare.preview.multisites.ai/_astro/caregiver.CIGFcZAB_PlrDw.webp)