Guardianship is the court appointment of a person to make health care decisions for another person. It takes away the legal rights of the person for whom a guardian has been appointed. A conservator is the court appointment of a person to make decisions over another person’s financial assets. While one person may serve as both guardian and conservator, the roles can be served by different people as well.

Guardianships can be created for anyone who is incapable of caring for himself or herself or making proper decisions about health by reason of minority, mental illness, mental retardation or physical incapacity. Conservatorships can be created for anyone who is incapable of making proper decisions about finances by reason of minority, mental illness, mental retardation or physical incapacity. The person appointed to make those decisions is a guardian or conservator and the person for whom the decisions are being made is a protected person.

Guardians or Conservators may need to be appointed to consent to the administration of anti-psychotic medications, to facilitate a move to a safe environment, to gain access to financial assets, or to protect a senior or younger family member with special needs from dangerous situations.

Guardianship/Conservatorship should be a last resort, if possible. They are often time-consuming, expensive, and adversarial. They are also public and any competent person may serve as guardian or conservator. The person appointed as guardian or conservator to handle your financial and health care needs may not be the person you would have chosen had you been capable of making that decision.

Through proper planning, including durable powers of attorney and health care proxies, many clients are able to avoid guardianship or conservatorship. However, there are times, even with proper planning, when guardianship or conservatorship is unavoidable. In those instances, the Law Office of Stephanie Konarski can help assist you in getting appointed through the probate court, advising you with respect to your powers and responsibilities and helping you prepare the proper court documents.

If you need assistance petitioning for guardianship or conservatorship over a loved one who can no longer manage their personal or financial affairs or if you wish to establish a durable power of attorney and health care proxy so that you and your family can avoid such proceedings, please contact us to schedule a confidential consultation.

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