Guardianships/Conservatorships
Guardianships/
Conservatorships
Circumstances may arise where you, or a loved one, are no longer able to make the best decisions. Whether an injury, disability, or simply age comes into play, a guardian or conservator may be appropriate to ensure you, or a loved one is getting the best possible care so that your/their needs are met and your/their assets are properly managed.
Under guardianship, the court appoints a guardian to manage someone’s personal care decisions. This may be choosing where someone lives or what type of health care they receive. A conservatorship is similar. Rather than appointing someone to make decisions about someone’s personal care, this process appoints a “conservator” to manage another person’s financial affairs.
Both guardianships and conservatorships require annual court appearances and allow the “protected person” the opportunity to have any restricted rights reinstated if appropriate. Since these proceedings limit the rights of another person, they should not be considered lightly.
Often there are alternate methods that can meet the balance of protecting a loved one while still granting them appropriate autonomy. This can include establishing decision-making through assistive technologies, appointing temporary guardians for minors, powers of attorney and health care directives.
Schedule a meeting with one of our lawyers to discuss guardianships and conservatorship.
Whether you are a guardian or conservator yourself, or have a loved one or family member that may need a guardian or conservator appointed, we can help.