Guardianship Laws by State: Minors, Adults and Conservators (2026)

Guardianship is a court process set by each state's own statutes. A judge appoints a guardian to make personal decisions (care, residence, medical consent) for a minor or for an adult the court finds lacks the capacity the state law describes, and in most states a conservator or guardian of the estate to manage money and property. Before appointing anyone for an adult, most states require clear and convincing evidence, many provide a lawyer for the person, and most require the court to consider, and many to rule out, less restrictive options; the details below and in the 51 state pages differ in ways that matter.

The words are not uniform. Louisiana calls guardianship of a child a tutorship and guardianship of an adult an interdiction, run by a curator with an undercurator. Connecticut appoints conservators of the person and estate for adults, and Tennessee and California also use conservator for the adult role, keeping guardian for minors. In Ohio, New Hampshire, New Jersey, Oklahoma and Wisconsin, a conservator is a voluntary arrangement a person asks for, not the property side of a guardianship. Texas uses conservatorship for child custody under its Family Code. This page compares the states and links each state's full guide.

Information last verified on October 21, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This page compares state law on guardianship of minors and adults, conservatorship, and the statutory alternatives, plus the federal rules that run beside them. Out of scope: custody disputes between parents (child custody laws), grandparent visitation (grandparents' rights and can grandparents get custody), emancipation, adoption (adoption records), what happens to an estate after death (probate), and how to sign a power of attorney. Juvenile-court dependency and foster care, and civil commitment, are separate tracks.

How guardianship works

Every state runs guardianship through a court, but not the same court. Alabama, Georgia, Connecticut, New Hampshire, Ohio, Rhode Island and Missouri use a probate court or probate division. Kentucky uses its District Court, Mississippi its chancery court, and Delaware's Court of Chancery hears adult cases while its Family Court handles a nonparent raising a child. In North Carolina the clerk of superior court decides guardianship cases. Iowa gives its juvenile court exclusive jurisdiction over guardianship of a minor, North Dakota sends a child's guardianship to juvenile court, and South Carolina hears a minor's guardianship in family court.

A typical adult case follows the same arc. Someone files a petition; in many states any person may do so (Alaska, Connecticut, North Carolina, Wyoming), and several name the adult as a possible petitioner (Alaska, Alabama, D.C., Maine, Michigan, Nevada, New Hampshire, West Virginia). The adult receives notice, and several states make personal service a condition of the court's power to act: in Colorado and South Dakota a failure to serve properly is jurisdictional, and in Connecticut missed personal service deprives the court of jurisdiction. A professional evaluates the adult, often with a court visitor or investigator who interviews the person. The court holds a hearing, decides whether the legal standard is met, and if so issues an order that says what the guardian may and may not do.

The evaluation requirements vary widely. Florida appoints a three-member examining committee within 5 days of the petition, one of whom must be a psychiatrist or other physician. Kentucky requires an interdisciplinary report by at least three professionals. Maryland's petition must include two signed and verified certificates of competency, and New Jersey requires affidavits or certifications from two physicians, or a physician and a licensed psychologist, based on an examination within 30 days before filing. Mississippi requires a personal examination by two licensed physicians, or a physician plus a psychologist, nurse practitioner or physician's assistant. Oregon, by contrast, does not make a medical examination mandatory.

Guardian or conservator? The roles by state

Most states split the job. A guardian handles the person's care and personal affairs, and a conservator manages property and finances. Arkansas, Delaware and Maryland call the property role a guardian of the estate or property, and North Carolina adds a general guardian who holds both. Indiana uses one role, the guardian, and treats guardian and conservator as interchangeable. Vermont has no separate conservator: an adult's guardian may hold personal-care powers, financial powers or both.

New York runs three tracks: Mental Hygiene Law Article 81 for adults generally, Surrogate's Court Procedure Act Article 17 for minors, and Article 17-A for adults with intellectual or developmental disabilities. Michigan sends the guardianship of an adult with a developmental disability through its Mental Health Code, and Utah has a separate part 6 guardianship for adults with a severe intellectual disability in which the court must prefer full guardianship.

How to get guardianship of an adult or an aging parent

The core question is capacity. States define it in their own words. Wisconsin requires an impairment that leaves the person unable to meet essential health and safety needs or to manage property, and the person must be at least 17 years and 9 months old. Kentucky uses "disabled" or "partially disabled," a legal and functional test for persons 17 or older shown by acts within six months before filing. New Hampshire requires that the evidence of inability have occurred within 6 months before the petition, with at least one incident within 20 days of filing, and Texas requires recurring acts or occurrences in the preceding six months.

Several statutes say what is not enough. Wisconsin's finding may not rest on mere old age, eccentricity, poor judgment, physical disability or the existence of a supported decision-making agreement, unless the person cannot communicate decisions in any way. West Virginia says a finding of poor judgment, without more, is not sufficient. Georgia's 2025 act (House Bill 36) provides that an adult is not presumed to need a guardian solely because of a developmental disability.

Burden of proof to appoint a guardian for an adult

The burden of proof is the clearest dividing line between states.

• Clear and convincing evidence (41): Alaska, Arizona, Arkansas, California, Colorado, Connecticut, D.C., Florida, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia and Wisconsin. North Carolina phrases it as clear, cogent and convincing evidence of incompetence. In Kentucky the burden is on the Commonwealth, represented by the county attorney.
• Beyond a reasonable doubt (1): New Hampshire, which also starts from a legal presumption of capacity.
• Preponderance of the evidence (1): Wyoming, for both guardians and conservators.
• Standard not stated in the statute (8): Alabama, Delaware, Idaho, Indiana, Massachusetts, Mississippi, Montana and New Jersey. Delaware's statute is silent, but a January 2026 Court of Chancery letter decision (In re J.R.G.) describes the standard as clear and convincing evidence of incapacity plus evidence that guardianship is the least restrictive measure. Idaho's current statute names no standard, but its new act requires clear and convincing evidence from January 1, 2027. Mississippi's order must find by clear and convincing evidence that the person's needs cannot be met by a less restrictive alternative, while § 93-20-301 states no standard for the incapacity finding.

What the court must find besides incapacity

Most states now build less restrictive alternatives into the appointment itself. In Florida a guardian may not be appointed if the court finds an alternative will sufficiently address the person's problems. Pennsylvania requires specific findings that family, friends and other supports are insufficient and that each less restrictive alternative is insufficient. In Connecticut no conservator may be appointed if the adult's needs are being met adequately by an agent under the power-of-attorney and health-care sections the statute lists. Nevada requires a physician's assessment that addresses whether alternatives such as a power of attorney or a supported decision-making agreement are available and sufficient, and North Carolina petitions filed on or after January 1, 2024 must state the alternatives considered and why they are insufficient.

Kansas, Maine and Washington add a functional test: the person cannot meet essential requirements for physical health, safety or self-care even with supportive services, technological assistance or supported decision making. California requires an express finding that the conservatorship is the least restrictive alternative needed, after considering the person's abilities with supports, supported decisionmaking agreements, powers of attorney, a health care surrogate designation and advance directives.

Does the person get a lawyer?

Representation is the second big divide. The table gives each state's rule; grouped:

• Lawyer appointed (or guaranteed) whenever the adult has none of their own (26): Alabama, Alaska, Arizona, California, Delaware, D.C., Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Pennsylvania, South Carolina, Texas, Utah and Vermont. Exceptions apply in some of these: Iowa appoints counsel on filing when the adult is not the petitioner, Minnesota allows an informed written waiver after a meeting with a visitor, Utah has a narrow all-criteria exception, Louisiana discharges appointed counsel on a knowing waiver, and in Alaska the adult bears the public advocate's cost unless the court finds state payment necessary to prevent hardship. Texas appoints an attorney ad litem and North Carolina an attorney as guardian ad litem.
• Appointed on request, objection or a court finding of need (17): Colorado, Connecticut, Hawaii, Illinois, Maine, Massachusetts, Michigan, New York, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Virginia, Washington and Wisconsin. Washington's rule changed on June 11, 2026: unless the adult already has a lawyer, the court must appoint one, regardless of ability to pay, when the adult objects or asks, or when the court believes the adult's rights cannot otherwise be protected. Rhode Island, Virginia and Michigan appoint a guardian ad litem in the first instance (Michigan unless the person has a lawyer of their own choosing).
• Right to counsel stated, or appointment left to the court (6): Arkansas, Indiana, Mississippi, Montana, Nebraska and Wyoming. Mississippi's adult-guardianship article does not direct the court to appoint a lawyer at the appointment stage, though the court may appoint a guardian ad litem, and a ward seeking to end the guardianship may choose an attorney.
• Counsel appointed in every case in a best-interest role (2): North Dakota and West Virginia. North Dakota's attorney guardian ad litem advocates for the person's best interests and may not represent the person in a legal capacity; West Virginia's appointed counsel makes recommendations in the person's best interests, considering known preferences, and the person may hire a lawyer instead.

A guardian ad litem is not the same as a lawyer for the person. Tennessee says so directly: its guardian ad litem acts as the court's impartial investigator, and a separate attorney ad litem advocates for the respondent.

Jury trials and hearings

A jury is available on request in many states, including Arizona, California, Michigan, Missouri, New Mexico, New York (waived if not demanded), Pennsylvania, South Dakota, Texas, Virginia, Washington and Wisconsin. Kentucky reverses the default: the hearing is a jury trial unless every bench-trial condition in KRS 387.570(7) is met. Louisiana's interdiction articles provide for a summary hearing before the judge with no jury provision, and Maryland allows no jury trial in protective proceedings for property. West Virginia closes its hearings to the public.

Some states set hard hearing clocks. Alaska sets the hearing within 120 days of filing unless postponed for cause, as does Virginia. Washington must hear an adult petition within 60 days unless extended for good cause, West Virginia within 60 days, Oklahoma within 30 days of filing, and New York no more than 28 days after the order to show cause is signed.

Limited guardianship and the rights a person keeps

A limited guardianship gives the guardian only the powers the person's limitations require. Several states make it the default. Alaska and Michigan bar a full guardian if the person can perform some but not all of the needed functions. Nebraska's guardianship is limited unless clear and convincing evidence shows full guardianship is necessary. Kansas, Maine and Washington forbid a full guardianship if a limited guardianship, protective arrangement or other less restrictive alternative would meet the needs, Rhode Island requires limits unless the court finds total incapacity based on a decision making assessment tool, and Kentucky calls partial guardianship the preferred form.

Rights not taken by the order usually stay with the person. Alaska bars a guardian from stopping the person from voting, obtaining a driver's license, or marrying or divorcing (its constitution separately addresses voting after a judicial finding of unsound mind). Maine and Washington keep the rights to vote and marry unless the order removes them with required findings, North Dakota keeps voting, changing marital status and a driver's license unless the court makes specific findings, and Missouri requires every order to state whether the person keeps the right to vote, drive and marry. In Virginia a finding of incapacity is not a finding that the person cannot understand the act of voting unless the order specifically provides otherwise, and Nevada lists voting, marrying, traveling, working and having a driver's license among the activities a protected person keeps unless the court reserves them.

Some decisions need a separate court order even after a guardian is appointed. In Iowa a guardian needs court approval before moving the person to a nursing home or other secure facility (unless advance notice was in the court-approved initial care plan) and before consenting to withholding life-sustaining procedures, an abortion or sterilization. Since July 23, 2026, a Michigan guardian must, with limited exceptions, petition the court before moving the person from the person's permanent residence. A Massachusetts guardian may not admit an adult to a nursing facility without a specific court finding, unless every condition of a short-stay exception is met. Wyoming requires a court order after notice and a hearing for commitment to a mental health facility, electroshock therapy, sterilization and other listed acts.

Guardianship of a child or grandchild

Guardianship of a minor gives a nonparent legal authority to raise a child, usually while the parents keep some rights and duties. Nebraska, for example, says the appointment does not relieve the parents of their duty of support. The age that ends it differs: a minor is a person under 19 in Alabama and under 21 under Mississippi's act.

When a court may appoint a guardian over a parent

States take three broad approaches. The state pages give each state's exact standard.

• Only when parental rights are gone or suspended: Alabama, Alaska, Montana, Nebraska and New Mexico (under its Probate Code) allow a guardian for a minor only if parental rights of custody are terminated or suspended by circumstances or court order. Minnesota allows one, apart from temporary and emergency appointments, only if both parents are deceased or all parental rights are terminated, and North Carolina's clerk may appoint a guardian of the person only for a minor with no natural guardian. Illinois courts lack jurisdiction over a minor with a living parent who is willing and able to make day-to-day child care decisions, unless an exception such as the parent's notarized consent applies.
• Best interest plus consent, termination, or parents unwilling or unable: Colorado, Hawaii, Kansas, Maine, Mississippi and Washington follow this model. Kansas, Maine, Mississippi and Washington require clear and convincing evidence when the parents have not consented and their rights remain; Kansas also allows proof of unfitness or extraordinary circumstances. Arizona allows a guardian for a child 16 or older with no open dependency case when no parent is willing or able, shown by a preponderance.
• A heightened showing against an objecting parent: Arkansas requires clear and convincing evidence that the parent is unfit, except for emergency or temporary guardianships. California requires a finding under Family Code § 3041 that parental custody would be detrimental to the child. New Hampshire raises the burden to clear and convincing evidence when a parent objects to a nonparent, except for a grandparent petition based on a parent's substance abuse or dependence. Oklahoma prefers a parent unless the nonparent proves willful nonsupport or abandonment by clear and convincing evidence or the parent is found affirmatively unfit. Indiana's Supreme Court requires clear and convincing evidence that the child's best interests require placement with a nonparent (In re Guardianship of B.H., 2002), and in Rhode Island a probate court may not appoint a permanent guardian over a surviving parent's objection (Carr v. Prader, 1999).

Other states have their own tracks. Florida relatives may seek temporary or concurrent custody under Chapter 751, which over a parent's objection requires clear and convincing evidence that the parents are unfit. New Jersey offers Kinship Legal Guardianship on clear and convincing findings that each parent is unable, unavailable or unwilling to care for the child, and New Mexico's Kinship Guardianship Act sets its own conditions and a clear and convincing burden. Delaware's Family Court requires a parent's consent or a finding by a preponderance that the child is dependent, neglected or abused, and Iowa, Vermont, West Virginia, Wisconsin and North Dakota each require clear and convincing evidence of their own listed grounds. The can grandparents get custody guide covers the custody route.

A child's own choice carries weight. In many states a minor 14 or older may nominate the guardian, subject to court approval, including Alabama, Alaska, Hawaii, Illinois, Michigan, Rhode Island and Virginia. The age is 12 in Texas, Kansas and Washington, and Idaho's new act lowers its objection age from 14 to 12 on January 1, 2027. Nevada requires the consent of a child 14 or older, except as its statute provides.

Can a parent name a guardian in a will?

Most state pages describe a way for a parent to name a future guardian, but the method and its effect differ.

• Will or witnessed writing: Alabama, Connecticut, Massachusetts, Michigan and New Mexico accept a will or a writing attested by two witnesses; Illinois accepts any writing, including a will, witnessed by two credible adults who are not the person named. Colorado, Hawaii, Maine, Minnesota, South Dakota and Utah also accept a signed writing, and Florida uses a preneed guardian declaration signed before two witnesses and filed with the clerk.
• By will: Arizona and Georgia allow the appointment only by will (Georgia's testamentary guardian), and the Montana, Vermont, Virginia and West Virginia pages describe appointment by will.
• Surviving-parent limits: Delaware lets only a sole surviving parent name a guardian of the person, Kentucky only the last surviving parent, and Pennsylvania only a sole surviving or adopting parent, barring a parent who willfully neglected or deserted the child for a year or more. In D.C., a parent may name one by will only when the other parent is dead, and in New Jersey a will appointment by one parent takes effect only with the surviving parent's written, witnessed consent.

The appointment rarely takes effect on its own. In Alaska, Arizona, Montana and Utah, a will appointment takes effect when the guardian's acceptance is filed and only if both parents are dead or the surviving parent has been adjudged incapacitated. New York's will-named guardian may act only after probate and letters of guardianship, and must qualify within 3 months unless the court extends the time. Virginia's appointment is void if the guardian renounces it or does not appear within six months after the will is probated. In Nevada and Oklahoma the nominee still must be appointed by the court.

Caring for a child without going to court

Many states let a parent hand off day-to-day authority without a court case. These tools give the caregiver authority to act, not custody, and the parent keeps parental authority. Texas, Ohio, Tennessee and West Virginia say expressly that their tools do not give the caregiver custody, and New York's designation is not a custody order.

Parental power of attorney. The maximum period varies:

• Six months: Arizona, Idaho, Montana, Nebraska, New Mexico, North Dakota, Oregon and Utah. Idaho extends a delegation to a grandparent, a sibling of the minor or a sibling of either parent to the document's stated expiration, or three years if none is set, and Oregon allows 12 months to a school administrator.
• 180 days: Michigan and Virginia, with longer periods for deployed or active-duty service members.
• One year or 12 months: Alabama, Alaska, Colorado, Georgia, Hawaii, Indiana, Kentucky, Maine, Minnesota, Missouri, New Jersey, Oklahoma and Wisconsin. Georgia allows unlimited duration for a grandparent, Wisconsin longer for a relative or with court approval, and New Jersey renewals for one-year periods.
• 24 months: Washington.
• No stated maximum: D.C.'s revocable custodial power of attorney.

Most of these statutes withhold the power to consent to the child's marriage or adoption (Michigan withholds adoption consent). Missouri, Oklahoma and Virginia also list consent to an abortion and termination of parental rights among the excluded powers, and Kentucky's excluded powers are consent to marriage, consent to an abortion and termination of parental rights. Several states require the other parent's involvement: Virginia requires everyone with decision-making authority to sign, and New Jersey requires the other parent's consent unless that parent is deceased, incapacitated or unavailable.

Other no-court tools. Massachusetts and New Hampshire allow a temporary agent for up to 60 days, Illinois a short-term guardian for up to 365 days, and Nevada a notarized short-term guardianship lasting 6 months unless the writing sets a shorter term. Louisiana uses a mandate of provisional custody for up to one year, Texas an authorization agreement with a six-month term that renews automatically, and Tennessee a hardship power of attorney on the Department of Children's Services form. Ohio's tools are limited to a grandparent the child lives with and must be filed with the court within five days.

Caregiver affidavits. Some states use affidavits limited to school or medical decisions. California's caregiver's authorization affidavit covers school enrollment and school-related medical care, with full medical and dental authority for a relative caregiver who completes items 1 to 8. Kentucky's caregiver affidavit covers health care and school decisions. Missouri, New Mexico and Oregon have relative or caregiver affidavits, and Massachusetts a caregiver authorization affidavit valid up to 2 years. Delaware, Maryland and West Virginia have health-care-only affidavits, and Georgia, North Carolina and South Carolina have school-related affidavits. A parent's contrary decision generally controls; in California, New Mexico and Oregon it prevails unless it jeopardizes or threatens the child's life, health or safety.

States with no delegation statute in the guardianship law. Mississippi's chapter 93-31 power of attorney stood repealed on July 1, 2026, and a 2026 act repealed the chapter's remaining sections. Rhode Island's chapters 33-15, 33-15.1 and 33-15.2 contain no standby guardianship and no delegation of parental powers by power of attorney, South Dakota's chapter 29A-5 has no parental power-of-attorney procedure, and Vermont's chapter 111 has no delegation provision (its old sections were repealed in 2001). South Carolina's only parental power of attorney in the chapters its state page names is for a deploying military parent.

Standby guardians

A standby guardian lets a parent with a serious illness, or facing another triggering event, line up a guardian in advance. The deadlines to go to court after the standby guardian takes over vary: 30 days in Delaware, Oklahoma, Virginia and West Virginia; 60 days in New York and Pennsylvania (Missouri requires notice to the court within 10 days and a petition within 60); 90 days for confirmation in New Jersey and under a North Carolina designation; 120 days in Georgia; and 180 days in Maryland and Wisconsin. In Indiana the standby guardianship ends 90 days after it takes effect unless a petition is filed.

The triggers differ too. D.C. and Maryland include an adverse immigration action against the parent among the triggers, a Massachusetts parent's written appointment can take effect on one, and Vermont's standby guardianship, available since May 22, 2025, applies only to a custodial parent's adverse immigration action. Delaware's Family Court standby guardianship requires a chronic condition or terminal illness and West Virginia's a progressive or chronic condition, and Arkansas repealed its standby-guardian statute in 2025, though a parent may still nominate a guardian to serve if the parent dies. Michigan's standby guardian provision applies to adult guardianships, and Virginia also has a standby procedure for adults.

Supported decision-making and other alternatives

A supported decision-making agreement lets an adult choose people to help gather information and communicate choices, while the adult keeps the decision. Most of these laws call for a written agreement signed before witnesses or a notary (Louisiana requires an authentic act). North Dakota and Wisconsin state expressly that the supporter cannot sign documents for or bind the adult, and Florida's version, § 709.2209 (effective July 1, 2024), is a power of attorney whose agent may receive information and communicate for the principal but has no authority to bind or act for the principal.

• Agreement statute in force (24): Alabama, Alaska, Arizona, California, Colorado, Delaware, D.C., Florida, Hawaii, Illinois, Indiana, Kansas, Louisiana, Maryland, Nevada, New Hampshire, New Mexico, New York, North Dakota, Rhode Island, Texas, Utah, Washington and Wisconsin. Illinois's act covers only adults with intellectual or developmental disabilities until January 1, 2027, when Public Act 104-663 opens it to any adult not under plenary guardianship and not declared by a physician to lack decisional capacity. Kansas's act took effect July 1, 2026, New Mexico's July 1, 2025, Hawaii's under Act 284 of 2025, and Utah's in 2025. New York's Article 82 is in effect after OPWDD's regulations appeared in the State Register on August 20, 2025.
• Defined or named as an alternative in the guardianship law (7): Maine, Minnesota, Missouri, Montana, North Carolina, Oklahoma and Virginia. Maine defines supported decision making and weighs it in its standards but has no stand-alone agreement section in Article 5. Virginia's § 37.2-314.3 defines the agreement for adults with intellectual or developmental disabilities and directs a state education program.
• No agreement provision in the named law (6): Arkansas, Connecticut, Michigan, South Carolina, South Dakota and Vermont. Each is a scoped statement: Arkansas's guardianship chapter, Connecticut's chapter 802h (a 2026 special act set up a legislative study with a report due December 31, 2026), the guardianship parts of Michigan's Article V, South Carolina's Probate Code Article 5, South Dakota's chapter 29A-5 and Vermont's chapter 111.
• Pending bills only (2): Massachusetts and Ohio. Massachusetts's H.4852 (redrafted as H.5644) and Ohio's S.B. 35 are bills, not law.
• The state pages for Georgia, Idaho, Iowa, Kentucky, Mississippi, Nebraska, New Jersey, Oregon, Pennsylvania, Tennessee, West Virginia and Wyoming cover each state's alternatives; see the table.

Signing a supported decision-making agreement is protected in some states. California, Delaware and Washington provide that signing one may not be used as evidence of incapacity or for a guardianship petition. An agreement usually ends or yields when a guardian is appointed: Indiana's ends on appointment unless the court's order expressly continues it, and Hawaii's does not override a court-appointed guardian's authority.

Powers of attorney and health-care directives are the other main alternatives, and several states make them part of the analysis. Michigan lists a patient advocate designation and a durable power of attorney among the alternatives, and South Carolina treats powers of attorney, trusts and representative payees as less restrictive alternatives the court must consider. In D.C. and Utah the adult's own most recent nomination, including in a durable power of attorney in D.C., gets first consideration when the court picks a guardian, and Louisiana gives first preference to a curator the adult designated in a signed writing.

Emergency and temporary guardianship

Every state has a faster route when a person faces immediate harm, and the time limits run from hours to months. Ohio allows an emergency guardian ex parte for a maximum of 72 hours, extendable after notice and a hearing by no more than 30 more days, and Pennsylvania an emergency guardian of the person for up to 72 hours, extendable by no more than 20 days. Maryland's emergency protective services order runs not more than 144 hours. Louisiana's ex parte temporary interdiction ends after ten days unless extended once, Nevada's temporary guardianship starts at 10 days, Vermont's ex parte order lasts no more than 14 days, and D.C.'s emergency guardian may not serve beyond 21 days.

Thirty days is a common limit (Delaware, Kansas, New Mexico, Oklahoma, Oregon, Utah, and Connecticut with a 60-day maximum), and 60 days is another (Colorado, Illinois, Maine, Minnesota, Mississippi, Tennessee, Texas and Washington). Florida, Hawaii (for adults), Idaho, Indiana, Missouri (an emergency guardian ad litem or conservator ad litem), Nebraska, North Dakota, South Dakota and Wyoming use 90-day periods, and South Carolina, West Virginia and Montana allow temporary appointments of up to six months. Many states require counsel as soon as an emergency petition is filed, including Colorado, Connecticut, D.C., Minnesota, Tennessee and Washington.

Reports, reviews and ending a guardianship

A guardian reports to the court, usually once a year. Some states ask for more: D.C. requires reports at least semiannually, Wyoming every six months, and West Virginia within six months of appointment and then by December 31 each year, with contact at least once every six months. Michigan's guardian must visit within 3 months of appointment and then at least every 3 months, and Nebraska requires quarterly personal contact. Ohio's guardian of an incompetent reports two years after letters and biennially after that. Since July 1, 2026, every Tennessee accounting must state the person's condition and the date of the fiduciary's last contact.

Some states put a clock on the guardianship itself. North Dakota's adult order lasts up to five years, Kentucky's limited guardian or conservator serves no more than five years (renewable), and Minnesota limits a guardianship of a person under 30 to a set duration not over 72 months. Virginia schedules review hearings within one year and then at least every three years, Michigan reviews within one year and then at least every three years, D.C. appoints a social-worker case reviewer every 3 years for guardians appointed on or after January 1, 2015, and New Mexico holds a status hearing or investigator review no later than every ten years. A Wisconsin adult guardianship lasts for the ward's life unless the court ends it.

Ending or narrowing a guardianship is usually open to the person at any time, and many states accept an informal letter, including Alabama, Alaska, Arizona, Illinois, Indiana, Kentucky, Michigan, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, South Carolina, Tennessee, Utah and Virginia. Who carries the burden differs:

• The person seeking to end it proves a change: Georgia, Connecticut, Louisiana, Missouri, North Carolina, North Dakota, South Carolina and Virginia use a preponderance of the evidence, and Illinois requires restored capacity shown by clear and convincing evidence.
• The guardianship must be justified again: In California (outside a limited conservatorship), Hawaii, Kansas, Maine, Minnesota, Washington and Iowa, once the person makes a prima facie case or petitions, the guardianship ends unless its basis is proven. Oregon and Pennsylvania put the burden on the party seeking continuation by clear and convincing evidence, and New Hampshire on the guardian.

Some states limit repeat petitions: Alabama, Indiana, Nebraska and Utah allow an order barring a new petition for up to one year without leave, Montana for up to 6 months, Missouri allows a petition not more than once every 180 days, and Iowa sets a six-month wait after a denial.

Moving to another state

A guardianship is issued by one state's court, so a move raises the question of whether it carries over. The Uniform Law Commission describes the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) as doing three things: setting priorities for multi-state jurisdictional conflicts, simplifying transfer when an adult moves to a new state, and letting a guardian or conservator register an out-of-state order with a local court. A uniform act is a model; it applies in a state only as that state enacts it.

The state pages for D.C., Georgia, Hawaii, Iowa, Louisiana, Maine, New York, Oregon, Pennsylvania and Rhode Island describe transfer or registration under that state's version of the UAGPPJA, and many others describe their own transfer and registration procedures. Florida requires a guardian who moves a ward into the state to file the authenticated foreign order within 60 days of the move, and California uses its Conservatorship Jurisdiction Act. Check both the old and the new state's page before a move.

Recent and coming changes (2024 to 2027)

Guardianship law has changed quickly. Effective dates on the state pages:

• January 1, 2027: Idaho replaces its guardianship chapter with the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (2026 S.B. 1240), adding a clear and convincing standard and a lawyer for every unrepresented adult. Alabama's HB 249 replaces its temporary guardianship section, limiting an adult temporary guardian to 60 days per term and an emergency guardian to 10 days. Illinois opens its supported decision-making act to more adults (Public Act 104-663) and adds rules for private professional guardians (Public Act 104-547).
• December 31, 2026: Connecticut's legislative study of supported decision-making agreements is due (Special Act 26-12).
• 2026: Kansas's new uniform act took effect January 1, 2026, and its Supported Decision-Making Agreements Act on July 1, 2026. California allowed joint guardianship with a temporarily unavailable parent from January 1, 2026. Washington broadened appointed counsel on June 11, 2026; Iowa's House File 2305 took effect July 1, 2026; Tennessee's accounting change took effect July 1, 2026; Mississippi's chapter 93-31 power of attorney stood repealed July 1, 2026; Nebraska's LB 985 took effect July 18, 2026; Michigan's 2026 PA 69 move rule took effect July 23, 2026; and Maryland added licensed physician assistants to its certificate rule on October 1, 2026.
• 2025: Arkansas's Act 713 repealed its standby-guardian statute; Georgia's House Bill 36 ended any presumption of need from a developmental disability alone; New Mexico's Supported Decision-Making Act took effect July 1, 2025; Wyoming added a relative-guardian ground for termination of parental rights on July 1, 2025; Vermont's immigration standby guardianship began May 22, 2025; Hawaii and Utah enacted supported decision-making statutes; and Ohio's biennial guardian report section took effect March 20, 2025.
• 2024: Oklahoma's Standby Guardianship Act took effect November 1, 2024, Florida's supported decisionmaking agreement July 1, 2024, and North Carolina's alternatives requirement applies to petitions filed on or after January 1, 2024.

Guardianship laws by state: comparison table

Short cells summarize each state's guide; "See state page" means the cell needs more than a short answer or the state page covers it in another form. Burden and lawyer columns refer to guardianship of an adult.

The federal layer

Guardianship itself is state law. The Administration for Community Living describes guardianship as "a legal process in which a state court finds a person incapacitated pursuant to state law and appoints someone else to make decisions on behalf of that person," and notes that state laws vary in their standards and protections. Federal law matters at the edges, where a guardian deals with federal benefits, records or programs.

Social Security. Social Security runs its own representative payee system. The Commissioner may pay benefits to a representative payee "regardless of the legal competency or incompetency of the individual" when that serves the person's interest (42 U.S.C. 405(j)(1)(A)). Under 20 CFR 404.2001(b)(2), Social Security may appoint a payee even for a legally competent beneficiary, and for a legally incompetent beneficiary it "may appoint the legal guardian or some other person." A court guardian therefore applies to Social Security separately. SSA no longer requires an annual payee report from legal guardians of a minor child beneficiary who primarily reside in the same household as the child (42 U.S.C. 405(j)(3)(D)(i)(I)).

Veterans benefits. VA may pay benefits to a relative or other fiduciary "regardless of any legal disability on the part of the beneficiary" (38 U.S.C. 5502(a)(1)). Under 38 CFR 13.100(a), VA appoints a fiduciary for a beneficiary VA rates unable to manage VA benefits, a beneficiary a court has determined unable to manage financial affairs, or a beneficiary under the age of majority. The court finding is one trigger; VA makes its own appointment.

Indian children (ICWA). Under the Indian Child Welfare Act, "foster care placement" includes placing an Indian child in "the home of a guardian or conservator where the parent or Indian custodian cannot have the child returned upon demand" while parental rights remain (25 U.S.C. 1903(1)(i)). In an involuntary state-court proceeding where the court knows or has reason to know an Indian child is involved, the party seeking placement must notify the parent or Indian custodian and the child's tribe by registered mail of the proceeding and their right to intervene (25 U.S.C. 1912(a)). When a parent consents instead, the consent is valid only if executed in writing and recorded before a judge, with the judge's certificate that its terms and consequences were explained and understood, and a parent may withdraw consent to such a placement at any time, after which the child must be returned (25 U.S.C. 1913(a) and (b)).

Kinship guardianship assistance. Title IV-E lets a state receive federal payments for kinship guardianship assistance; to do so the state must enter a written, binding kinship guardianship assistance agreement with the prospective relative guardian (42 U.S.C. 673(d)(1)(A)). Eligibility is set by the statute and the state's program; among other conditions, the child must have been removed from home under a voluntary placement agreement or a court determination, must have been eligible for foster care maintenance payments while living for at least 6 consecutive months with the prospective relative guardian, and return home or adoption must not be an appropriate option (42 U.S.C. 673(d)(3)(A)).

Health records (HIPAA). When a person has authority under applicable law to make health-care decisions for an adult, a covered entity must treat that person as the adult's personal representative for the relevant health information (45 CFR 164.502(g)(2)), though it may decline where it reasonably believes the adult has been or may be subjected to domestic violence, abuse or neglect by that person, or could be endangered, and the regulation's other conditions are met (45 CFR 164.502(g)(5)). The authority comes from state law, such as a guardianship order or health-care power of attorney.

Passports for minors. For a child under 16, both parents or each of the child's legal guardians must execute the passport application and provide documentary evidence of parentage or legal guardianship, except as the regulation provides (22 CFR 51.28(a)(2)).

Disability integration background. The ADA regulation requires public entities to administer services "in the most integrated setting appropriate" to the needs of qualified individuals with disabilities (28 CFR 35.130(d)). In Olmstead v. L.C. (1999), the Supreme Court held that unjustified isolation is disability discrimination and that states must provide community-based treatment for persons with mental disabilities when the State's treatment professionals find it appropriate, the person does not oppose it, and it can be reasonably accommodated, taking into account the State's resources and the needs of others with mental disabilities. Olmstead is a holding about treatment settings under the ADA, not a guardianship rule; it is background to the least-restrictive principles many state guardianship laws contain.

Proposed federal legislation. The Guardianship Bill of Rights Act of 2026 (S. 4247) was introduced in the Senate and referred to the Committee on Health, Education, Labor, and Pensions on March 26, 2026. It is a bill, not law. As introduced, its title describes it as a bill "to establish rights for people being considered for and in protective arrangements, including guardianships and conservatorships, or other arrangements, to provide decision supports."

Planning ahead while a person has capacity

Many of the alternatives that state courts weigh, such as a durable power of attorney or an advance directive, can only be signed while the person has the capacity to sign. Our free power of attorney generator and advance directive generator help draft those documents. Signing, witnessing and notarization must follow the state's own rules, which the power of attorney laws by state pages explain; a draft is not legal advice and is not valid until signed as the state requires.

Related pages

• Power of attorney laws by state
• Child custody laws by state
• Grandparents' rights by state
• Emancipation laws by state
• Probate laws by state
• Wills and trusts laws by state

This article provides general legal information about guardianship and conservatorship law in the United States, not legal advice. Each state's statutes and court rules control, and guardianship cases turn on their facts. For advice about a specific situation, contact a lawyer licensed in the state where the case would be heard, or that state's court self-help center.

Last updated: October 21, 2026.

Frequently Asked Questions

How does guardianship work?

A court appoints a guardian to make personal decisions, and often a conservator or guardian of the estate to manage money and property, for a minor or for an adult the court finds lacks the capacity the state statute describes. Each state writes its own rules, so the petition, notice, evaluation, lawyer and proof required depend on the state.

What is the difference between a guardian and a conservator?

In most states a guardian handles personal decisions such as care and residence, and a conservator handles property and finances. The names change by state: Tennessee and California use conservator for adults, Louisiana uses curator, and in Ohio, New Hampshire, New Jersey, Oklahoma and Wisconsin a conservator is a voluntary arrangement a person asks for.

What must a court find to appoint a guardian for an adult?

Most states require clear and convincing evidence, and many also require a finding that less restrictive alternatives will not meet the person's needs. New Hampshire requires proof beyond a reasonable doubt, Wyoming uses a preponderance of the evidence, and eight states do not state a standard for the incapacity finding in the statute.

Does the person facing guardianship get a lawyer?

In 26 jurisdictions, D.C. included, the court appoints a lawyer (or the person is entitled to one) whenever the adult does not already have counsel, subject to state-specific exceptions. In 17 states appointment turns on a request, an objection or a court finding of need; in 6 the statute states a right to counsel or leaves appointment to the court, and North Dakota and West Virginia appoint counsel in every case in a best-interest role. See the table for each state.

How do I get guardianship of my grandchild?

A grandparent or other relative files a petition in the court the state names, and the parents generally must receive notice. Many states allow an appointment only if the parents consent, have died, have lost their rights, or are shown unwilling or unable to care for the child, so a parent who objects changes the case. The state page sets out that state's standard.

Can a parent name a guardian for a child in a will?

In most states, yes, though the rules differ. Some states let a parent use a will or a witnessed writing, others only a will, and several limit the power to a surviving or last-living parent; a court still has to appoint or confirm the person in many states.

Can a relative care for my child without going to court?

Many states let a parent delegate care by a power of attorney for a set period, commonly six months or one year, and some offer caregiver affidavits for school or medical consent. These tools do not transfer custody, the parent keeps parental rights, and several states have no such statute. Check the state page.

What is supported decision-making?

A supported decision-making agreement lets an adult choose supporters to help with information and communication while the adult keeps the decision. 24 jurisdictions, D.C. included, have an agreement statute, and many guardianship laws require the court to consider supported decision-making as a less restrictive alternative.

How does a guardianship end or get restored?

The person under guardianship, and usually any interested person, can ask the court to end or narrow it, and many states accept an informal letter. Who carries the burden differs: some states make the person show restored capacity, while others require the guardian to prove the guardianship is still needed.

Does a guardianship transfer when we move to another state?

Many states have procedures to transfer a guardianship to the new state or register an out-of-state order, often under their version of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Florida, for example, requires the authenticated foreign order to be filed within 60 days of the move.

Does a court guardian automatically receive Social Security or VA benefits?

No. Social Security decides whether to use a representative payee and may appoint the legal guardian or some other person (20 CFR 404.2001), and VA appoints its own fiduciary, with a court finding of inability to manage finances as one trigger (38 CFR 13.100).