Conservatorship and Guardianship (A detailed guide)

A conservatorship is a legal relationship in which one person is appointed by the (the "conservator")to manage the financial affairs and/or personal care of another person (the "conservatee"). The conservatee is usually an adult but may be minor in some circumstances.

A guardianship is similar to a conservatorship but is used when the conservatee is a minor.

Conservatorships and guardianships are typically used when the conservatee cannot take care of him or herself due to physical or mental incapacity, or when the conservatee is a minor.

When properly utilized, guardianship or conservatorship proceedings are advantageous ways to safeguard an incapacitated person who cannot make informed decisions owing to a lack of other options.

If you are considering a conservatorship or guardianship, you should consult with an attorney to discuss your options and the specific requirements of each type of legal relationship. There are extra costs associated with hiring an attorney in addition to the expense of incorporating. There are court filing fees, legal fees, investigation expenses, and conservator's fees.

What is a financial conservatorship?

A financial conservatorship is a legal relationship in which one person (the "conservator") is who the court appoints to manage the financial affairs of another person, anyone in the family members (the "conservatee"). The conservator has a duty to use the conservatee's money and property only for the conservatee's benefit.

A financial conservatorship is typically used when the conservatee cannot take care of his or her own financial affairs due to physical or mental incapacity.

If you are considering a financial conservatorship, you should consult with an attorney to discuss your options and the specific requirements of this type of legal relationship.

What is a personal care conservatorship?

A personal care conservatorship is a legal relationship in which one same person (the "conservator") is appointed by the court to make decisions about the personal care of another person (the "conservatee"). The conservator has a duty to make sure that the conservatee's physical needs are met and that the conservatee is safe.

A personal care conservatorship is typically used when the conservatee cannot take care of him or herself due to physical or mental incapacity.

If you are considering a personal care conservatorship, you should consult with an attorney to discuss your options and the specific requirements of this type of legal relationship.

What is guardianship?

A guardianship is a legal relationship in which one person like any in your family member (the "guardian") is appointed by the court to make decisions about the personal care and/or financial decisions of another person (the "ward").

The legal guardian has a duty to make sure that the ward's life and physical needs are met and that the ward is safe. The guardian has the legal authority to make decisions on behalf of the protected person in such areas as to where to live, medical decisions, training, and education, among others.

A guardianship is typically used when the ward is a minor.

If you are considering guardianship, you should consult with an attorney to discuss your options and the specific requirements of this type of legal relationship.

Can a conservatorship be contested?

Yes, a conservatorship can be contested. If you are considering contesting a conservatorship, you should consult with an attorney to discuss your options and the specific requirements of this type of legal proceeding.

What is the difference between conservatorship and guardianship?

A conservatorship is used when the conservatee is an adult child, while guardianship is used when the ward is a minor. Other than that, the legal relationships are very similar. Both conservators and guardians have a duty to make sure that the physical needs of the conservatee or ward are met and that the conservatee or ward is safe.

How much does a conservatorship/guardianship attorney cost?

The cost of a conservatorship/guardianship attorney will depend on the specific circumstances of your case. You should consult with an attorney or law firm to discuss your options and get an estimate of the likely costs involved.

What is temporary guardianship?

A temporary guardian is a person appointed under court supervision to serve during an emergency and for a limited amount of time. The person being served by the temporary guardian is generally incapacitated, disabled, or has special needs. The purpose of appointing a temporary guardian is to ensure that the person has someone to make decisions on their behalf and to provide care and support during the emergency period.

Once the period of emergency is over, the guardianship arrangement will come to an end. In some cases, the court may extend the period of guardianship if it feels that it is in the best interests of the individual. Temporary guardianship can be an important arrangement for ensuring that vulnerable people are taken care of during times of crisis.