Guardianships & Conservatorships
A “Guardianship” is where a court appoints a person to be legally responsible to make certain decisions about a person’s non-financial affairs, such as those relating to their health, living situation, etc.
A “Conservatorship” is similar, except that the decisions relate to a person’s financial affairs.
The person under the Guardianship or Conservatorship must be deemed “incapacitated”, meaning they are legally unable to make certain decisions on their own.
When Is It Right for a Guardianship or Conservatorship?
A Guardianship or Conservatorship is appropriate when an individual is incapacitated and unable to make certain decisions for themselves and they haven’t done other planning. Incapacity generally arises when the individual suffers from Alzheimer’s or dementia, is in a coma, or has had multiple strokes.
To establish Guardianship or Conservatorship over a person, a Court must determine that the individual is incapacitated, there is no less intrusive option, and that the to-be-appointed guardian or conservator is qualified and appropriate.
Avoiding Guardianships and Conservatorships
Guardianships and Conservatorships tend to be remedies of last resort. Anytime the court is involved, it can be expensive, time consuming, and come with its own set of headaches.
Guardianships can generally be avoided by executing a proper health care directive, which appoints a person (your “health care agent”) to make health care decisions when a person is incapacitated.
Conservatorships can generally be avoided by executing a valid durable power of attorney, which appoints a person (your “attorney-in-fact” – not necessarily a lawyer) to make certain decisions about a person’s finances and assets.
If, however, a person becomes incapacitated without having executed a health care directive or durable power of attorney, then a Guardianship or Conservatorship may be appropriate.
Let’s Us Help You
Guardianships & conservatorships can be an important part of your estate planning process. If you’re ready to get started or have any questions, we can help. Simply schedule a free consultation so we can answer any questions, and determine if a Guardianship or Conservatorship is right for you.
