Guardianship And Conservatorship

Obtaining Adult Guardianship Or Conservatorship

Who Is Eligible To Serve As An Adult Guardian Or Conservator?

Although courts typically give preference to a spouse or another close family member, a guardian or conservator does not have to be a relative.

Provided the person seeking appointment is a competent adult, close friend, or any other interested party, they are eligible to serve as long as the judge determines they are best suited for the role.

If a relative or friend is not willing or capable of serving, the court will appoint a third party to serve as guardian or conservator.

Sadly, this can lead to horrible financial and/or physical abuse of the incapacitated so it is best to plan ahead and name a guardian and conservator in your estate planning documents to keep the courts out of the picture entirely.

Depending on the extent of the person’s incapacity, a court-appointed guardian or conservator can be given near complete control over your life.

There are two areas of decision-making where a guardian or conservator has authority: decisions about your well-being and decisions about your finances.

Decisions about well-being include determining your place of residence, your attending physicians, and your medical treatment.

Decisions about your finances include how your home is paid for, what your income is used for, whether to pursue legal actions on your behalf, how to manage your assets, filing your insurance claims, and many other matters.

Usually one person is appointed for both roles, but the court can also split the responsibilities among multiple parties.

For instance, one person may oversee the financial decisions, while another person handles living arrangements and healthcare.

Moreover, the court often requires the guardian and conservator to file detailed status reports such as financial accountings at regular intervals or whenever important decisions are made, such as when an asset is sold or when you require a substantial expense for your care.

Some of the most common duties of adult guardians and conservators include:

With the huge responsibility and loss of control that comes with guardianship and conservatorship, the process can often feel overwhelming.

The best course of action is to do your estate planning ahead of time to name exactly who is your preferred guardian and conservator so that your family will not have to deal with a courtroom or lawyers in the first place.

Unfortunately, some of our clients did not do estate planning soon enough, and we were called upon to help their family members with establishing guardianship or conservatorship.

If you are in this situation trying to help a loved one, we can help.