What are Guardianships and Conservatorships?

What happens when someone is no longer able to care for themselves? You may have already faced this situation with a loved one: mom or dad need more assistance as they grow older. However, the person in need still has rights. Not just anyone can take over their lives or their finances. They may need a guardianship or a conservatorship.

Typically, someone asks a Court to appoint a guardian to care for someone who needs help (the “ward”). Courts generally will only approve a guardianship if the Ward is too impaired. For example, an individual with just a little memory trouble usually won’t need a guardianship, while someone in the advanced stages of Alzheimer’s might.

The guardian’s duties relate to the ward’s care and comfort. For example, the guardian might make sure the ward has meals, goes to doctor appointments, and any other needs related to daily living. In addition, the guardian will take care of the ward’s personal effects like clothing and furniture.

One important thing to know is that during the guardianship, the court oversees the ward’s care. Every year, or as ordered by the judge, the guardian must file a report with the court.

A conservatorship is similar in that:

• A court becomes involved and appoints a conservator;
• The ward is someone who needs assistance; and
• The conservator has specific responsibilities to the ward and the court.

However, conservatorships relate to the financial needs of the ward not the personal needs. The conservator will inventory the ward’s property, then file an annual accounting with the court. During the conservatorship, the conservator will pay to care for the ward’s property and pay the ward’s debts.

Guardianships and conservatorships can both be helpful but there is also a better alternative. Wouldn’t it be better to choose your own agent instead of having the court appoint one? Wouldn't you rather have a say in the care of your loved one? A durable power of attorney or living trust gives the power back to you. This enables you to make sure your loved one is getting the best care possible.

If you do not have your documents in order, you should consider the time and cost involved to get court authority. And even if you have the necessary authority, there are resources you might want to consider checking out. One great source of information is the Conservatorship / Guardianship section of the Probate Nation TV show: https://tpn.clubexpress.com/content.aspx?page_id=22&club_id=836926&module_id=250164

We can help with this important process. Are you ready to start your estate plan? You can reach us at (703) 383-9000 or visit our website: https://ruddylawfirm.com