Q: What is a Guardianship?
A: A guardianship is a legal proceeding in which a Court declares a person (ward) mentally incapable of managing his or her affairs and person. In a guardianship, the Court will appoint a person (the guardian) to act for the ward. A guardianship may also be used to manage the affairs or finances of a child (a minor).
Q: Who can be a Guardian?
A: The Probate Court can appoint any adult person, corporation, or association to assume responsibility for the management and care of a child or incompetent person.
Q: Who chooses the Guardian?
A: Ultimately, a guardian is appointed by the Court. If a minor is older than 14, however, he or she can suggest a guardian, and parents can suggest a guardian by a Last Will & Testament. If an adult is competent, he or she may also nominate a guardian in a Power of Attorney to assume responsibility should that person become incapacitated.
Q: When does a person need a Guardian?
A: A person who is incapable to take proper care of himself or herself and fails to provide for his or her family because of mental illness, disability, retardation, or chronic substance abuse can be defined as incompetent. Likewise, if parents are deceased, or if neither parent is able to assume custody, a minor will need a guardian.
Q: What is a Conservatorship?
A: A conservatorship is similar to a guardianship. A person, the conservator, acts for a competent, but physically ill adult. The conservator is appointed to manage the financial affairs of the conservatee.
Q: How is the Conservator chosen?
A: Because a conservatorship is a voluntary relationship, the conservatee decides who they would like to serve as their conservator, as well as what powers the conservator will have under the agreement.
