Guardianships and Conservatorships

Guardians and conservators are people appointed by the Probate Court to act for someone who cannot act for themselves and who may have failed to put into place planning documents to avoid this need. Any incapacitated person, or any person interested in the welfare of an incapacitated person, may file for guardianship or conservatorship.

A guardian may be appointed by the probate court to handle the personal and medical affairs of an adult person determined to need such care, called an “incapacitated person”. If a minor person needs such care they are called a “Ward”.

A conservator may be appointed to handle the financial affairs of an adult or minor person, called a “protected person”.

Both guardianships and conservatorships require court action, which can be time consuming, expensive, and complicated. Certain actions that a guardian or conservator might feel would benefit the protected person can be done only with Court approval. Guardians and conservators must file annual reports with the Court and under certain circumstances may need to have their authority to take certain actions refreshed by the Court.

In certain emergency circumstances a Temporary Guardian or Temporary Conservator can be appointed immediately to take action to prevent harm to a person with Court approval. A Conservator can be appointed to handle a single transaction, like sale of a house, where overall authority may not be necessary.

We can assist you if you are seeking guardianship or conservatorship over another person, or if you are having proceedings brought against you, or if you have already been appointed as a guardian or conservator and need assistance in performing your duties.

For more information about guardianships and conservatorships please contact us.