Guardianships and Conservatorships

What Is a Guardianship?

A guardianship is a legal arrangement in which a court appoints an individual or organization (the guardian) to make personal, medical, and lifestyle decisions for another person (the ward) who is unable to do so. Guardianships may be established for minors whose parents are deceased or incapacitated, as well as for adults who have lost the capacity to manage their own affairs.

What Is a Conservatorship?

A conservatorship is a legal arrangement in which a court appoints an individual or organization (the conservator) to manage the finances and property of a person (the protected person) who is unable to do so. Like guardianships, conservatorships may be established for minors whose parents are deceased or incapacitated, as well as for adults who have lost the capacity to manage their own affairs.

Types of Guardianships and Conservatorships

• For Minors — Established when both parents are unable to care for a child due to death, incapacity, or other circumstances.
• For Adults — Established when an adult is found by the court to be incapacitated and unable to make informed personal and/or financial decisions.
• Limited — Grants authority only in specific areas where the individual needs assistance, preserving as much independence as possible.
• Emergency Guardian — A fiduciary appointed on an emergency basis when following the normal guardianship process is likely to result in substantial harm to a person's health, safety or welfare. An emergency guardian's authority is limited to the powers the court specifies and generally cannot exceed 60 days.
• Special Conservator — A temporary court-appointed fiduciary who is given limited authority to protect a person's property and finances when immediate action is needed and a conservatorship has not yet been established or cannot be established quickly enough.

Ongoing Responsibilities

Guardians are required to file annual reports with the court detailing the ward's living situation, healthcare, and overall welfare. Conservators are required to file annual reports with the court detailing the protected person's financial affairs and property. We help guardians and conservators understand and fulfill these ongoing obligations throughout the duration of the arrangement.

Proactive Planning

Guardianships and conservatorships provide important protections for those who need them. However, the court process can be involved and expensive. Often, the need for a guardianship and conservatorship can be avoided with proper estate planning, including powers of attorney. Whether you are considering a guardianship or conservatorship for a loved one, have concerns about the actions of a guardian or conservator, or wish to execute powers of attorney to avoid them altogether, Schuler Law, LLC is ready to assist you. Reach out to us today.