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.