Guardianship & Conservatorship

A guardian is a person or institution appointed by a court to make decisions about the personal well-being - residence, health care, nutrition, education, personal care, etc. - of an incapacitated adult, who is called a “protected person.”

To appoint a guardian, the protected person must be incapacitated. "Incapacity" means that an adult’s ability to:

• receive and evaluate information;
• make and communicate decisions; or
• provide for necessities such as food, shelter, clothing, health care, or safety

is so impaired that the person lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care. Incapacity is a judicial determination, and is measured by the person’s functional limitations. 

A conservator is a person or institution appointed by the court to make decisions about a protected person’s estate. A protected person’s estate includes all of the protected person’s property, business and personal property.

A conservator may be appointed if a person is unable to manage his or her property effectively and a conservator is needed: (a) to prevent the protected person's property from being harmed; or (b) to obtain or provide funds for the support of the protected person or the protected person's dependents.

Yes, a financial durable power of attorney may be an alternative.