Click buttons for the Answers 3. Why do these conservatorship and guardianship laws exist? Historically, conservatorship and guardianship codes were developed to help the state safeguard the interests of "infants and lunatics."  States now act in their role as "parens patriae," or "parent of the country," to protect those who cannot protect themselves.  Over time, however, states have begun to interfere in the lives of people who are simply OLD and who are making decisions about personal and/or financial matters that are different from or less "reasonable" than decisions made by younger people (whatever "reasonable" might mean in a given court on a given day). Each state has created statutes or codes that describe when and why an elderly man or woman can be placed in the velvet handcuffs know as conservatorships or guardianships.  Now, however, most of the unwanted conservatorship/guardianship petitions filling our courts are being filed by adult children seeking control of their aged parents and, needless to say, of their parents' money. The current increase in these involuntary proceedings is fueled by two facts:  we now have a very successfully aging population, and that population is in control of almost $11 trillion in assets. What better way for a disgruntled heir to control the flow of that wealth than to go to court, allege that an aging loved one can no longer manage his or her money or affairs, and ask the judge to let that concerned expectant heir make those decisions--with almost no supervision from anyone.  As you will see in THE RETIREMENT NIGHTMARE, no one is guarding the guardians.