Guardianships and Conservatorships
A difficult but important solution for the friends and family of people that have lost their ability to care for themselves or their finances.
What is a guardianship/conservatorship?
A guardian or conservator is a person or agency appointed by the court who is designated to act for someone who has been declared incapacitated. A person may need a guardian/conservator if they are determined to be incapacitated as to their person or estate, and if no alternatives to guardianship/conservatorship exist. For people incapable of handling their own finances, a court will nominate a conservator to help. Both guardianships and conservatorships take a way a lot of rights and freedoms from the person in question. The court will take the process very seriously, and will be hesitant to grant them without strong evidence of incapacity.
What is incapacity?
A person is incapacitated if he or she is unable, without assistance, to properly manage or take care of personal affairs or is incapable, without assistance, of self-care. A determination of incapacity is a legal determination, made by the court. If the incapacitated person is facing immediate problems, a court can create a temporary guardianship or conservatorship. It is an intensive process, and requires some immediate dangers to the incapacited person.
What is the process of seeking a guardianship or conservatorship?
The court is petitioned by a concerned party seeking a guardianship or conservatorship for the person having problems with self-care or managing his or her finances. The court will nominate a person called a court visitor to evaluate the potentially incapacitated person. If the person in question does not object to the process, the court will grant the guardianship or conservatorship. If the party objects, then there is a court hearing to decide whether or not there is incapacity based upon the court visitor's report and other facts brought in.
If you have a friend or loved one that you feel needs or will soon need a guardianship or conservatorship, please contact me or another Elder attorney to start the process.