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Guardianship, sometimes called conservatorship, is a legal relationship created when a court gives one person (the guardian) the power to make personal and financial decisions for another person who is seen to be at risk of harm or unable to handle their own affairs. However, guardianship should be used as a last resort after less restrictive decision-making options have been considered.
When representing a person with a guardian or someone who is allegedly in need of a guardian, an attorney or advocate may need to take extra steps to ensure their client has the right to counsel of their choice and to be a strong advocate on behalf of the client. This includes ensuring the client is present in the proceedings and treated with dignity and that the client’s due process rights are upheld.
Last Modified: 02/06/2024