Guardianship & Conservatorship
Guardians and Conservators are individuals who are charged with making decisions on behalf of another. They are appointed by the Probate Court. A Guardian will make decisions relating to the care and custody of a minor or incapacitated individual. A Conservator has the complete authority to manage the financial affairs of a minor or disabled individual. In both situations, the individual loses all rights to make decisions on their own behalf; that power is now vested in the Guardian or Conservator.
Requesting a Guardians and/or Conservator for an individual is a very significant step and must go through approval by the Probate Judge. It is intended to protect an individual who may be unable to care for themselves. Disabled and elderly individuals are often the targets of financial abuse and fraud, even by family members.
The process has a number of downsides. It can be expensive, business affairs become public, and the individual named Guardian or Conservator may be a stranger.
You can indicate who you would want to become Guardian or Conservator. Many families take this into consideration when planning for their children.
The rules surrounding Guardianship and Conservatorship are complex, and it is best to work with an experienced attorney.
Contact Us to discuss your situation.