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Guardianships & Conservatorships FAQs


What is a Guardianship or Conservatorship?

This is an arrangement established by the court to protect the interest of an incapacitated person.  Alzheimer’s, dementia and lost mental capacity oftentimes are the reasons for a guardianship or conservatorship.

Who is a Conservator?

A Conservator is a person appointed by the court who is responsible for managing an incapacitated person’s financial affairs.

Who is a Guardian?

A Guardian is a person appointed by the court regarding the person’s support, care, health, safety, rehabilitation, education, therapeutic treatment and residence.

How do I avoid having a Conservatorship or Guardianship proceeding?

A carefully crafted Durable Power of Attorney, and Advance Medical Directive can eliminate the appointing of a Guardian or Conservator by the court if the documents are done prior to the person being mentally incapacitated.

Who is a Guardian ad litem?

A Guardian ad litem is an attorney who would be appointed to represent an incapacitated person if a Petition is filed for a Conservator and Guardian.







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