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Guardians and Conservatorships

More Information

What Is A Conservator ?
A conservator is a person who is appointed by the court to manage the assets of a minor or incapacitated person. A ward is a legal name for the person for whom a guardian has been appointed.

Who Is An Incapacitated Person?
A person who is unable to manage their personal needs and/or assets and business affairs because of: mental illness, mental deficiency, physical infirmities accompanying advanced age, chronic use of drugs or alcohol, confinement, detention by foreign power, or disappearance

When Can A Conservator Be Appointed?
A conservator may be appointed when an incapacitated person is unable to manage assets and business affairs, and (a) has assets that will be wasted without proper management or (b) funds are needed to support the incapacitated person or one entitled to support from the incapacitated person.

What Is The Difference Between A Guardian And A Conservator?
The guardian looks after the person and their welfare while a conservator looks after the estate.

What Is A Guardian?
The parent of a minor or someone who has been appointed by the parent or court to be responsible for the personal care of an individual.

Can A Parent Or Spouse Appoint A Guardian?
Yes, in a Will a parent may appoint a guardian for a minor child or for an unmarried incapacitated child. A person may appoint a guardian for his or her incapacitated spouse in a Will.

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