Guardianship is a court proceeding that seeks the appointment of a person to make important decisions for someone incapable of making such decisions for themselves. A Conservatorship is the same concept, as it applies a person’s finances.
A Power of Attorney for Finances can grant a person many of the same powers of a conservatorship without the time and expense involved with a court action. Some aspects of a guardianship can be accomplished through an advanced health care directive (commonly known as a living will), which can also be achieved without a court action. The best time to plan for these needs is when the individual has the capacity to understand and consent to granting these powers; however when a person’s ability to understand and consent to these powers is impaired, a person’s loved ones must file an action in court seeking a guardianship and conservatorship.
Guardianships and Conservatorships that are granted require periodic filings and updates with the probate court. There are very specific rules of what a conservator can spend the ward’s money on and how those expenditures must be applied for and reported. An experienced probate attorney can explain in detail.
Guardianship and Conservatorship are not restricted to the elderly or the infirm. These actions are oftentimes taken for the benefit of minor children who do not have the legal status to care for themselves. Occasionally, such guardianships for children are limited to address the education residency for the child or to serve the child’s needs temporarily when the child’s parents are living out of the area or in the unfortunate circumstances that the parents are unwilling to care for the child.
The legal requirements that must be satisfied before a guardianship or conservatorship are granted are very specific. My law firm has experience in these matters that can help streamline the process and achieve results as expeditiously as possible. Call today for a consultation.