Guardianship/Conservatorship

A Guardianship and Conservatorship is a Probate Court procedure to establish protecting an individual’s assets, healthcare decisions, and real and personal property in the event they become incapacitated or unable to adequately care for themselves. A guardian may be appointed if the incapacitated individual is unable to complete activities of daily living. A Conservator may be appointed if the incapacitated person cannot make financial decisions in their own best interest. Individuals needing a guardian and/or conservator may be individuals who are being taken advantage of, struggle with mental or emotional health, or face excessive disability that prevent them from attending to their personal affairs.

What is a Conservatorship?

A conservatorship is a court-supervised legal proceeding where the Court appoints a family member or professional to act as the financial agent of the incapacitated individual.

The conservator makes financial decisions in the best interest of the incapacitated individual. The conservator may be required to pay bills, manage investments, and make other financial decisions on behalf of the alleged incapacitated individual.

What is Guardianship?

A Guardianship is a court-supervised legal proceeding where the Court appoints a family member, caretaker, or professional to manage the welfare, and personal wellbeing of the incapacitated individual.

The guardian acts as the legal authority to make personal and healthcare decisions in the best interest of the incapacitated individual. The guardian may be required to manage the day-to-day affairs, activities, healthcare, and personal decisions of the alleged incapacitated individual.

It is recommended to work with an attorney who can help you prepare for and navigate through the process of becoming a Court appointed Guardian and/or Conservator. An attorney can assist with obtaining the required personal information, background check, and credit check, and be the point of contact with the Probate Court.