An adult guardianship and conservatorship are legal tools that allow a third party (such as a family member) to manage the personal and financial affairs of an individual who is unable as a result of lack of mental or physical disabilities to make decisions on his or her own behalf. The purpose of a guardianship or conservatorship is to ensure that continuing care is provided for persons who are unable to take care of themselves or their property. An illness or disability alone is not sufficient reason for guardianship or conservatorship. A guardianship or conservatorship will be imposed only if the person is determined to be incapacitated and in need of a guardian or conservator. Both of these tools require court approval and may or may not have the approval of the person whose interests are being protected. In the context of probate law, a spouse or child is typically appointed as guardian or conservator vested with various powers as determined by the court.

There are slight differences between the two types of appointments, guardianship and conservatorship. In a guardianship, the guardian has the authority to handle nearly all aspects of the person's life. For instance, the guardian can dictate where the person lives or what medical treatment the person receives. A conservatorship, on the other hand, is just about money. The conservator has authority over finances and business affairs and must report annually to the court, but has no other say in the person's life.

We have assisted many families in securing guardianship or conservatorship for elderly or disabled family members. We have a great deal of insight into this important situation and understand that many families are confused or misinformed about guardianship and conservatorship. To determine whether a guardianship or conservatorship is appropriate in your situation, contact one of our trained legal professionals.

Attorneys representing clients in Conservatorships & Guardianships:

• Curtis M. Chipman
• Steven L. West