Guardianships & Conservatorships
A legal guardian is a person appointed by the court who has the legal authority (and the corresponding duty) to care for the personal interests of another person called a “protected person”. Usually a guardian is appointed when the protected person is incapable of caring for his or her own interests due to minority, incapacity or disability.
A conservator is also appointed by the court and has authority over the income and assets of a protected person. A conservator is appointed by the courts when a person is incapable of caring for his or her own financial interests due to minority, incapacity, or disability. Often, the same person serves as guardian and conservator for a protected person.
Guardianship and Conservatorship proceedings may be necessary for either incapacitated adults or minor children. Additionally, it is not uncommon to petition the Court to appoint both a Guardian and Conservator in the same proceeding. The legal process for having a guardian and/or conservator appointed by the court can be a complex process depending on the particular facts involved. Some guardianships/conservatorships are agreed to by all parties involved while others are contested and the person initiating the proceeding may be forced to go through a contested hearing before a judge to have the guardian and/or conservator appointed.
Before petitioning the Court to be appointed as Guardian or Conservator, it is important to determine if a less restrictive option is available. An example of less restrictive option may include the nomination of an Agent under a Durable Power of Attorney. We can help you determine whether or a less restrictive option is a possibility in your case.
|Lesley Apple Haskell|
|Jennifer Bergeron Bisset|