Understanding Guardianships and Conservatorships
Sometimes, loved ones require assistance and oversight in financial or personal matters. When no suitable alternatives exist, appointing a Guardian and/or Conservator may be necessary through a court proceeding called a Protective Proceeding. Court-appointed Guardians and Conservators are responsible for the financial, legal, and personal needs of individuals who cannot meet their needs independently.
When a loved one is unable to care for himself or herself due to mental or physical incapacity, guardianship and conservatorship can provide the protection and support they need.
When a family member begins to show signs of diminished capacity, it can raise challenging questions.
Guardianship
A court grants the appointed Guardian authority to oversee the individual’s physical care and determine where the Protected Person will live.
A court grants the Conservator the power to manage the individual’s finances, ensuring their assets are used appropriately to support their short-term and long-term needs.
Conservatorship
These arrangements help ensure that your loved one receives the care and financial oversight they need to live with dignity and security.
Next Steps
If your family member or friend is mentally or physically incapacitated, initiating a Protective Proceeding may be necessary to determine whether the individual can safely manage his or her health and finances.
We understand the sensitive nature of these proceedings. Balancing the Protected Person’s right to autonomy with the need for intervention is challenging, and we are committed to supporting your family through every phase of this process.
Less Restrictive Alternatives
Guardianships and conservatorships may not be the only option. There are alternative strategies to manage a loved one’s care, such as a power of attorney and appointment of a successor trustee.
