The more usual way to be appointed as guardian and/or conservator for another is through a court proceeding. This may be necessary when you notice that someone needs help in some or all areas of his or her life, and less restrictive alternatives described in the first two chapters did not work. The following court procedure also applies to people over the age of eighteen who have never had capacity or who have now become incapacitated. You can be named as either guardian or conservator or both. You will need a lawyer to help you through the process.

Is the appointment necessary?
Before going to a lawyer you should be sure that the person about whom you are concerned really needs a guardian or conservator and that other means of assisting the person discussed in Chapters One and Two have been considered or tried. Is the person not taking medication, wandering the neighborhood, spending money on lottery tickets and not paying bills, in danger of being exploited? Have you tried helping with these problems by arranging for household help or using a power of attorney or representative payee arrangement? If the person either cannot or will not accept any of these "less restrictive alternatives" and you are seriously concerned about his or her health and safety, or his or her financial situation, then a guardianship/conservatorship may be necessary.

You as the proposed guardian/conservator must be willing and able to make important decisions for the incapacitated person, such as:

• where the person will live;
• what kind of medical treatment (s)he will need;
• whether to withdraw life support in case of terminal illness;
• if there is property involved, whether to sell or invest; and
• how to qualify the person for institutional Medicaid for nursing home care.

Being appointed guardian/conservator costs a lot of money. Although the incapacitated person’s money can be used to pay for the proceeding if the judge orders, sometimes the incapacitated person’s estate will not have the funds. Some legal resources charge reduced or no fees. If possible, choose a lawyer who is familiar with guardianship/conservatorship proceedings. The Lawyer Referral for the Elderly Program, 1-800-876-6657, or Statewide Lawyer Referral, 1-800-357-0777, may be able to help you find an appropriate attorney.

What information will the lawyer need?
Some of the information the lawyer will need concerns the incapacitated person's physical and mental condition, living conditions, and whether you have tried alternatives like a power of attorney, joint accounts, or representative payee arrangements to take care of the person's affairs. The lawyer will also need information on the incapacitated person's assets, including real estate, stocks and bonds, income from all sources and debts. It is important to be as detailed as possible to show the need for the guardianship/conservatorship.