CONSERVATORSHIPS AND GUARDIANSHIPS

Conservatorships and Guardianships are Court proceedings in which one person obtains power over the person, the person’s 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.

When 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.

Because 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.

The 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.