Guardianship and Dementia: What Families Need to Know Before They File
- May 6
- 3 min read
There are few conversations I have with families that carry as much weight as the guardianship conversation.
By the time a family comes to me asking about guardianship, they are usually exhausted. They have been watching someone they love make dangerous decisions — refusing help, pushing people away, putting themselves at risk — and they have run out of ideas. Guardianship feels like the last lever left to pull.
Sometimes it is the right next step. Sometimes it is — but not yet. And sometimes, if it's pursued at the wrong moment, in the wrong order, or in a way that inflames an already volatile situation, it can make everything significantly worse.
What Guardianship and Conservatorship Actually Mean
Guardianship is a legal process through which a court appoints someone to make personal and medical decisions on behalf of a person deemed unable to make safe decisions for themselves. Conservatorship covers financial and legal decisions. Sometimes families need one, sometimes the other, sometimes both.
Either way, it is a significant legal intervention. It removes rights from a person. Courts don't grant it lightly, and families shouldn't pursue it lightly either — not because their loved one doesn't need help, but because the process itself carries risks that aren't always visible from the outside.
I have helped many families navigate this decision, and I have appeared in court as an expert witness, explaining the dementia journey to judges and advocates. Our legal process for guardianship is robust for a reason. Judges understand the weight of what they are being asked to do.
Why Guardianship and Dementia Is More Complicated Than Families Expect
Guardianship is not just a legal decision. It is a timing decision. The approach matters. And when it is pursued at the wrong moment or in the wrong way, it can make the situation significantly worse — not better.
Families are right to worry.
What if their loved one can still hold a conversation and appear coherent in front of a judge — will the petition even succeed? What if filing triggers a crisis? A loved one with paranoid features or longstanding distrust of family members may experience a legal action as confirmation of their worst fears — becoming more resistant, more isolated, more convinced that the people trying to help them are out to harm them.
And even if it does succeed — the family may find themselves holding a court order and nothing else. The legal authority was granted, but the relationship is gone. The trust that was barely holding on has been severed, and now they have to provide care for someone who sees them as the enemy.
How you get there matters as much as getting there.
Getting Guardianship Right the First Time
If you are beginning to wonder whether guardianship may be necessary for someone you love, that instinct may be exactly right.
But how you move forward matters as much as whether you move forward.
I work with families at exactly this crossroads — helping them understand what they're dealing with, what the risks are, and how to navigate the process in a way that actually works.
You don't have to figure this out alone.
If You Want Help Navigating the Dementia Journey
If you are caring for someone with dementia, you have likely realized how quickly this journey becomes overwhelming.
Most caregivers are trying to figure it out as they go—without a clear understanding of what is happening, or what comes next.
This is the work I do.
I help caregivers understand the what, when, and why of dementia so they can navigate the how with clarity and confidence.
If you want personalized guidance and support as you move through this journey, you can learn more about working with me here:
If you want personalized guidance:
If you prefer a self-paced approach:
Amy Shaw, PA-C, is a dementia care clinician, educator, author, and founder of Better Dementia™, a national education platform for caregivers. She is the author of The Arc of Conversation: A How-to Guide for Goals of Care Conversations (Springer, 2025) and provides self-paced dementia education and one-to-one family support. She helps families understand the what, when, and why of dementia so they can master the how of caregiving.
