How much does guardianship cost in the US?
An uncontested guardianship or conservatorship petition typically costs $3,000 to $10,000+ in attorney fees, plus a physician or capacity evaluation, court filing fees, and sometimes a guardian ad litem. Contested cases can run $15,000 or more, and there are ongoing annual accounting costs.
What is the difference between guardianship and conservatorship?
Terminology varies by state, but generally a guardian makes personal and medical decisions for an incapacitated person, while a conservator manages their finances and property. Some states use one term for both, and a single person may serve in both roles.
How can I avoid guardianship in the US?
Execute a Durable Power of Attorney for finances and a Health Care Proxy (or medical power of attorney) while you still have capacity. These documents appoint someone to act for you without court involvement, avoiding the cost, delay, and public nature of guardianship.
What ongoing costs does a guardian or conservator have?
A conservator of the estate usually must file annual accountings with the court, may need to post a bond (with annual premiums), and may pay for attorney assistance each year. These recurring costs and court oversight continue for the life of the guardianship.
How does US guardianship compare with Canada?
Both countries treat court guardianship as an expensive fallback when no advance documents exist, and both encourage powers of attorney instead. US conservatorships often involve bonding and annual court accountings; Canadian guardianship of property similarly requires accounting and sometimes a bond.