There may come a time when someone you love is no longer able to make decisions about their health, their living situation, or their finances. Whether due to illness, aging, or a disability, this kind of transition can be emotional and difficult – for everyone involved.
When that time comes, and if no legal documents have already been put into place, a court may need to step in and appoint someone to help. That’s where guardianships and conservatorships become necessary. They both require a court-appointed individual to act on that individual’s behalf. Fortunately guardians and conservators are typically family members or close friends. Once appointed, they have legal authority to make decisions regarding the person’s financial or personal wellbeing.
What Is a Guardianship or Conservatorship?
A guardian is someone appointed by the court to help manage another person’s care – things like healthcare decisions, housing, and daily needs. A conservator, on the other hand, is appointed to manage the individual’s finances, making sure bills are paid, assets are protected, and money is handled responsibly. In some cases, the same person will serve in both roles. And while the role comes with a lot of responsibility, it’s also a powerful way to provide care and protection for someone who can no longer speak or act fully for themselves.
What You Need to Know
Guardianship is primarily concerned with the well-being and personal care of an individual. The court grants the guardian the authority to make decisions about that person’s health, living arrangements, and other personal matters. For example, a person with advanced Alzheimer’s might require a guardian to make decisions about their medical care, living arrangements, and daily needs.
Conservatorship focuses on the financial and property management aspects of an individual (the “conservatee”). It grants the conservator the authority to manage the conservatee’s finances, assets, and property. A conservatorship may be necessary when an individual is unable to manage their finances, pay bills, or protect their assets from fraud or exploitation.
A conservator makes decisions for how property is invested, what type of financial benefits the person needs and the type and scope of health care needs required. Whenever possible, the guardian or conservator must seek input from the person they represent and they can only act in areas authorized by the court.
The Best Time to Plan Is Now
One of the most effective ways to avoid the need for a court-appointed guardian or conservator is to put the right legal documents in place before a crisis occurs. Legal tools like powers of attorney, living trusts and advance directives let you stay in control by naming someone you trust to make decisions if you ever become unable to do so yourself.
At HH&J, we’re here to help make your estate planning process clear and manageable. We offer a free consultation so you can explore your options and take meaningful steps now to protect your future – and provide peace of mind for the people who matter most. Let’s start the conversation.