![]() ![]() ![]() What Is a Court-Appointed Guardian?Ī guardian (or conservator) is a person who has court-ordered authority to handle an incapacitated person’s affairs. If family members disagree about the need for guardianship or who should act as a guardian, the process can be especially painful, prolonged and costly. This process often takes a good deal of time and money. If the person is ruled incompetent and the petitioner is a suitable candidate to serve as their guardian, then the court transfers the responsibility for managing finances, living arrangements, medical decisions, or any combination of these tasks to the petitioner. Sometimes these terms may be used interchangeably.Īn individual petitioning for guardianship and/or conservatorship must go to court to have the potential ward declared incompetent based on expert findings. Conservatorship, on the other hand, gives a person (the conservator) the ability to handle a conservatee’s financial decisions, such as paying bills, managing investments, and budgeting. In some states, guardianship gives a person (the guardian) control over where the incapacitated individual (the ward) lives, what health care they receive, and how their day-to-day needs are met. It is important to understand that differences in terminology exist between states. Springing Power of Attorney: What’s the Difference? Even if an individual has completed a power of attorney (POA) document, guardianship may still be necessary if their POA is not durable, meaning it ends upon their incapacitation. Courts most commonly see family caregivers seeking guardianship for adults with dementia who did not make proper legal preparations for the future. Guardianship is an option in cases where an older adult has not appointed a power of attorney for health care or finances and is incapacitated due to advancing age, illness, or disability. What Is Guardianship for Elderly Individuals? ![]()
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