Conservatorships & Guardianships

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Conservatorships

When a person becomes too ill or infirm to take carry of themselves the Court can appoint a person to make decisions for them.

When a person is not capable of making their own decisions regarding his or her well being, a Conservator of the Person is appointed to make decisions for the Conservatee. This would cover medical decisions, where the Conservatee lives, who visits the Conservatee, and other issues regarding the physical well being of the Conservatee.

If a person is incapable of making decisions regarding his or her property or is at risk of being victimized by another person, the court can appoint a Conservator of the Estate. The Conservator of the Estate takes control of the person’s assets not in a living trust. The assets are protected and periodic reports are made to the Court as to the status of the assets.

A Limited Conservatorship is a special type of conservatorship that is established for a person over the age of 18 who has a disability that started before age 18. This is commonly done for a person who has a developmental disability.

Guardianships

It is not uncommon for a minor child to need someone with a official voice to speak on his or her behalf. Although a parent is used to making decisions for a child, this is frequently not enough.

The Court can appoint a Guardian of the Estate when the child needs someone to handle property for them. This frequently arises when the child receives an inheritance or an accident award. The monies cannot be paid to a minor, but the guardian can receive the funds on behalf of the minor. The Guardian would then be required to report to the court periodically as to what is happening with the minor’s funds.

A Guardianship of the Person when someone needs to make decisions about the well being of a child. For example, if both parents are deceased or a child has been removed from parental control, a grandparent can be appointed to make decisions regarding medical care for the minor where the minor attends school, and where the minor resides. A guardianship is frequently needed in order to have the child placed on a grandparent’s medical insurance.