Guardianship & Conservatorship
The hope is that we always have capacity to make our own decisions. However, there are situations where our loved ones may experience tragic events, become disabled, or lose their decision-making capacity as they age. In such cases, the court may need to appoint a guardian or conservator to ensure the individual's physical and financial safety by making decisions on their behalf.
Difference Between Guardianship and Conservatorship
A guardianship is needed to “guard the person”, meaning protect their health, safety, living situation and daily lives. A conservatorship is needed to “conserve the finances”, meaning protect the estate and assets.
Legal Process
Guardianships and conservatorships, also known as protective proceedings, are intricate processes that a family may need to go through during a highly emotional time. Jacklyn L. Richins specializes in these proceedings and can advise you every step of the way.
A guardian or conservator may be a family member, friend, or professional, and the court determines whether they are willing, able, and suitable to serve. After filing a petition to appoint a guardian or conservator, the potential protected person will receive notice. There may be a court visitor appointed to interview the parties, a hearing will be held for any objections, and a fiduciary bond may be required.
After the appointment of a guardian or conservator, there is an array of duties that the guardian or conservator will have. These duties may be limited and defined by the court, but Jacklyn will be available to explain and advise you on how to carry out these duties. Furthermore, there are annual reporting requirements for the court, which may or may not require legal advice and assistance.