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Voice of Experience

Voice of Experience: May 2025

How Remote Guardianships and Virtual Conservatorships Are Evolving

Jeffrey M Allen and Ashley Hallene

Summary

  • Courts now conduct guardianship and conservatorship hearings via digital platforms and electronic filings, increasing access for vulnerable adults and long-distance family members.
  • Digital platforms streamline conservatorship duties with real-time monitoring and easier reporting, but also raise concerns over access, privacy, and tech literacy.
  • Lawyers must guide clients through evolving digital processes, prioritize security, and push for inclusive systems that protect rights as elder law enters a tech-driven future.
How Remote Guardianships and Virtual Conservatorships Are Evolving
istock.com/gorodenkoff

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The courtroom no longer needs a gavel, a bench, or even four walls. A stable internet connection and a Zoom link now suffice. What began as a temporary solution during the pandemic has quietly become standard practice in many areas of law, including elder law. Lawyers, judges, and families now handle guardianships and conservatorships not from courthouses, but from living rooms, home offices, and even hospital beds.

COVID-19 didn’t create digital justice, but it accelerated its adoption. Remote hearings, electronic filings, and virtual check-ins, once rare, are now routine. This shift has the greatest impact on cases involving vulnerable adults. As the population ages and a greater number of older adults face mobility or cognitive challenges, the need for accessible legal options keeps growing.

Enter remote guardianships and virtual conservatorships: legal proceedings and fiduciary duties managed, in whole or in part, online. These innovations offer greater efficiency and inclusivity, but they also raise serious questions. As the legal system modernizes, it must also evolve its standards for fairness, oversight, and care.

How Courts are Using Technology for Guardianship Hearings

When in-person proceedings shut down, judges and clerks turned to technology to keep guardianship matters moving. Today, many courts hold hearings over Zoom, accept petitions through electronic filing systems, and allow remote testimony from protected persons, medical experts, and family members. What began as crisis management has grown into standard practice.

These changes offer real benefits. Vulnerable adults no longer face the strain of traveling to a courthouse. Family members who live across the country, or across the world, can participate meaningfully. In rural counties, where legal services are scarce, virtual hearings provide access once thought impossible.

Several states have taken the lead. California and Florida launched remote hearing protocols that now serve as models. New York’s Unified Court System rolled out a digital portal that streamlined filings and offered training for elder law attorneys. The National Center for State Courts continues to support pilot programs to improve virtual capacity across jurisdictions.

Still, serious questions remain. Can a judge truly assess the mental state of an elderly person through a screen? Can remote processes ensure due process when a ward may not understand the technology, or may not even be able to log in? Technology increases reach, but it must not reduce rights.

Managing Conservatorships Through Online Platforms

As court hearings moved online, so did the work that followed them. Courts and conservators now rely on digital platforms to manage day-to-day responsibilities. Online accounting systems track spending and flag irregularities. Web-based portals allow conservators to file annual reports, update financial records, and submit receipts with a few clicks. Some jurisdictions even use secure video check-ins to replace routine in-person visits.

These tools bring clear advantages. Judges and court staff can monitor cases in real time, catching problems before they grow. Conservators save time and avoid paperwork, while wards and their families gain access to clearer information. Digital records, unlike paper files, leave audit trails. Everyone involved sees more, sooner.

But these systems demand more than a password. Conservators must know how to use them. Wards need internet access and basic technical skills. Many have neither. Poor broadband, old devices, or confusion about login steps can cause delays or missed deadlines. And with sensitive financial and personal data now online, every system carries the risk of a breach. The law must not assume digital fluency. As courts lean into convenience, they must guard against exclusion.

The Pros of Virtual Conservatorships

With the tools in place, the benefits become clear. Virtual conservatorships broaden the path to justice, especially for those long kept at the margins. Clients in rural areas no longer drive for hours to reach a courthouse. Older adults with mobility issues can attend hearings from home. Lawyers and fiduciaries can act faster and more efficiently, without the drag of travel or postage.

Digital records reduce clutter and error. Automated reminders prompt timely filings. Audit trails give judges a clear view of how a conservator manages funds, building trust in the process. Technology not only speeds things up; it also improves oversight.

And the future holds more. AI could flag unusual financial patterns before a human notices them. Automation might handle routine tasks like generating reports or logging receipts. These tools, if used with care, could free lawyers and conservators to focus on judgment, care, and advocacy, which remain the parts of the job no machine can replace.

The Cons and Challenges

But convenience comes with a cost. When courts rely too heavily on screens, they risk losing what only in-person contact can reveal. A judge may miss subtle signs of neglect or confusion that would be obvious in a courtroom. Wards, already vulnerable, may feel isolated when their legal world exists only in windows and links.

Technology also draws new lines of inequality. Many older adults struggle with video calls, file uploads, or passwords. Those with limited income may lack the devices or internet access needed to participate at all. These gaps can leave wards voiceless and conservators unsupported.

Then comes the issue of privacy. Financial reports, medical updates, and personal conversations now move through digital pipelines. Without strong safeguards, these systems invite hackers and mishandlers. One breach could expose a ward’s life to the public or open the door to fraud.

Worst of all, virtual processes can mask abuse. A conservator who isolates a ward or mismanages funds may find it easier to hide behind a webcam. When everything happens at a distance, oversight must work harder.

The Best Practices for Lawyers in a Digital Elder Law Landscape

To meet these challenges, lawyers must lead. They must know the tools, the rules, and the risks. Court systems vary, and procedures shift fast. A lawyer who practices elder law must stay current with platform updates, local protocols, and statewide mandates.

Clients will need help. Many will face digital tools for the first time. Lawyers should guide them through portals, explain remote procedures, and advocate for alternatives when technology creates a barrier. Accessibility is essential.

Security matters, too. Lawyers must treat every report, login, and email with care. They should use encrypted communication, strong passwords, and secure cloud storage. When handling sensitive financial and personal data, they must protect their client’s information and their trust. Ethics demand more than good intention. Lawyers must pursue ongoing education in legal technology.

Looking Ahead: The Future of Elder Law in a Digital World

Remote processes, first adopted out of necessity, now offer lasting solutions. Courts will keep the tools that prove effective. Many will refine and expand them. Virtual hearings, online filings, and remote check-ins will remain part of everyday elder law practice.

New tools will follow. Biometric verification may replace passwords. Virtual home visits could offer better views into a ward’s living conditions than any office meeting. AI may soon assist with monitoring accounts, flagging suspicious activity, or preparing reports. These advances promise speed, accuracy, and reach, but only if used with care.

Lawyers must shape this future. They must test systems for fairness, demand safeguards, and push for access across all income levels. Technology should never replace compassion or justice. With care and leadership, lawyers can build a digital elder law system that serves not just the case, but the person behind it.

The genie is out of the bottle, and the digital shift in elder law is here to stay. Remote guardianships and virtual conservatorships offer speed, access, and transparency. They also carry risk. A screen can connect, but it can also conceal.

The challenge now is balance. Lawyers must lead with both vision and caution. They must embrace innovation, yet always keep the client in focus. They must push for systems that serve all people, not only those comfortable with technology. Elder law, at its heart, protects those who cannot protect themselves. In a digital world, that mission remains the same. The tools, however, call for new skills, sound judgment, and above all, deep care.

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