What are Conservatorships and Guardianships?

 

What are Conservatorships and Guardianships?

A Conservatorship is the legal authority granted by the Court to take over the financial affairs on behalf another person.

A Guardianship is the legal authority granted by the Court to make decisions relating to the personal and medical treatment of another person.

Conservatorships and Guardianships are used in situations where people are disabled.

This may be because they are minors or because they suffer from a medical condition that inhibits their ability to make ordinary decisions day to day.

Procedure:

1. A Petition must be completed and filed out with the Court. In the Petition you must state why a Conservatorship or Guardianship is needed and the assets that the person has.

2. The Court will send out the Court Visitor. The Court Visitor will interview the Conservatee and make a report to the Judge on the condition of the Conservatee, and whether a Conservator should be appointed.

3. There will be a hearing before the Court on the Petition.

4. The Conservator will be required to be bonded. A bond is an insurance policy to reimburse the Conservatee for any losses caused by the Conservators dishonesty.

5. The Conservator will be required to complete an Inventory.

The Conservator will be required to make annual reports to the Court on the condition of the Conservatee and his or her finances.The Conservator will be required to make annual reports to the Court on the condition of the Conservatee and his or her finances.

Alternative:

The most common alternative is the use of a Power of Attorney, Healthcare Declaration and/or Healthcare Power of Attorney. These documents will give the acting person the same powers without Court supervision and without the protections inherent in Court approval. Trusts may also be utilized to manage assets.

Please do not hesitate to contact us to obtain further information 651.770.2400.

 

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