Guardianships and Conservatorships
What Is a Conservator?
A conservator is someone appointed by the court to manage the financial affairs and property of a minor or an incapacitated adult. The individual for whom a conservator is appointed is legally referred to as a “ward.”
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Who Is Considered an Incapacitated Person?
An incapacitated person is someone who is unable to manage their own personal needs, finances, or business affairs due to:
– Mental illness or deficiency
– Physical limitations due to advanced age
– Chronic use of drugs or alcohol
– Confinement or detention
– Being held by a foreign power
– Disappearance
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When Can a Conservator Be Appointed?
A conservator may be appointed when:
– The individual cannot manage their finances or property, and
– Their assets may be wasted without proper oversight, or
– Funds are needed to provide care for them or for someone they are legally responsible to support.
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What Is the Difference Between a Guardian and a Conservator?
A guardian is responsible for the personal well-being and day-to-day care of a person.
A conservator is responsible for managing that person’s financial affairs and assets.
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What Is a Guardian?
A guardian may be a parent or someone appointed by a parent or the court to care for the personal needs and welfare of a minor or incapacitated adult.
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Can a Parent or Spouse Appoint a Guardian?
Yes. A parent may name a guardian for their minor child or unmarried incapacitated child in a will. Similarly, a person can name a guardian for their incapacitated spouse in a will.
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