Generally, the process of guardianship or conservatorship begins when a person files a petition with the court to "open up" a guardianship or conservatorship proceeding. Usually, a parent opens such a proceeding for a child, or an adult child or spouse opens such a proceeding for their incompetent parent or spouse.

A guardianship or conservatorship is necessary when it involves the concept of one person caring for another who is not competent to care for their affairs themselves. In the case of children, they are, by law, considered not competent to make binding legal decisions by themselves until they reach the age of majority.

What if you did not plan ahead and are now faced with a family member who has become incapacitated? Legal issues with guardianships and conservatorships.

One of the first questions to figure out is whether you want a divorce. It is important to realize that the legal system is not a form of counseling, and lawyers are not well equipped to help people determine whether they will need a divorce. The legal system should be considered the final act, after all reflection, analysis and counseling results have been considered.