CONSERVATORSHIPS AND GUARDIANSHIPS
and Guardianships are Court proceedings in which one person obtains
power over the person, the personís estate or both. Conservatorships
deal with adults of the age of 18 or over, who are adjudicated
incompetent or disabled, and Guardianships are for children up to the
age of 18. Conservatorships and
Guardianships of the Person are used when a person can no longer care
for himself or herself and someone is needed to make housing and health
care decisions for them. Conservatorships and Guardianships of the
Estate are used when someone can no longer make financial decisions for
themselves and needs someone to protect their money or property.
a person becomes a conservator or guardian for another he or she takes
on important responsibilities toward the protected person. Those
responsibilities are performed under court oversight. A person seeking
to become the conservator or the guardian for another should consider
the action carefully and consult with an attorney experienced in such
type of proceedings.
conservatorships or guardianships deny the protected person important
rights, requests to be appointed to one of these positions are
carefully examined by the court. They should not be undertaken lightly.
However, when the circumstances are right, obtaining an emergency
conservatorship or guardianship can prevent a person from self-injury
or from being impoverished by unwise financial transactions.
key to using guardianships and conservatorships effectively is to
obtain legal counsel as early as possible in order to prevent harm
rather than undo harm that has already occurred.