Guardianships and Conservatorships: What You Should Know
Two common petitions that are addressed in estate planning are guardianships and conservatorships. When a person is incapacitated or not capable of making sound decisions, the court may appoint someone to handle that person’s affairs. The individual needing assistance is referred to as a “ward.” Individuals who become guardians through a guardianship handle the ward’s wellbeing; this may involve household and medical needs. Individuals who become conservators through a conservatorship handle the ward’s financial affairs.
Guardianships are often needed in cases where there is no medical directive or living will already in place. Completing an estate plan can reduce or eliminate the likelihood of needing the court to appoint a guardian that you have not previously selected to oversee your wellbeing in a case where you are incapacitated.
Who Can Petition for Guardianship or Conservatorship?
Typically, guardianship or conservatorship petitions are filed by a family member or adult protective agency, though anyone can file either of these petitions. In some cases, friends or personal advisors may apply for guardianship or conservatorship.
How do I Know When a Guardianship or Conservatorship is needed?
The decision to appoint a guardian or conservator is not taken lightly. Guardianship and conservatorship are serious responsibilities over another human being and are only granted in cases where the ward is unable to make decisions for themselves. A person who simply makes poor decisions or does not exercise good judgement is not reason enough to grant a guardianship or conservatorship.
The person in question must be shown to be incapable of making sound decisions, evaluating information, or responding adequately to their environment. Written reports must be submitted by those involved, including family members, health care professionals, and/or social workers.
What are the Responsibilities of a Guardian or Conservator?
Depending on the needs of the ward, the responsibilities of the court-appointed individual will vary.
A guardian is expected to visit the incapacitated person at least once a month, encourage them to participate in making decisions, and will be expected to file regular reports with the court on the wellbeing of the ward.
A conservator will be expected to manage and preserve the assets of the ward, and file annual accounts to the court showing all funds received and expended regarding the care of their ward.
When Should You Petition for a Guardianship or Conservatorship?
A guardianship or conservatorship is a serious matter requiring major responsibilities and should be considered a last resort. A person who is deemed incapacitated by the court loses their right to make decisions for themselves, severely curtailing their rights as a result. A guardian or conservator must be prepared to take on these responsibilities for the foreseeable future.
If you or someone you know is considering filing a petition for guardianship or conservatorship, having an attorney can help. In most cases, the court will appoint an attorney to represent the ward. It is possible that the ward’s legal representation may be selected by the attorney for the person who filed the petition.
Considering a Guardianship or Conservatorship?
At Braggs Law Offices we assist clients throughout the petition process. We are compassionate, experienced and ready to provide excellent service. If you need assistance, please contact us online, schedule an appointment, or call us at (703) 972-5640.
