Appointment of Guardian and/or Conservator
A Guardian is a person the Court appoints to be responsible for the custody
and care of the Ward (either a minor or adult incapacitated person). A
Guardian has the same powers, rights and duties with respect to the Ward
that a parent has with regard to an unemancipated minor child. A common
example of a Guardianship is when both of the minor child's parent
have passed, it becomes necessary for the minor child to be cared for
by a third party. Another common example is when an adult becomes disabled
or incapacitated and does not have an Estate Plan in place. With an Estate
Plan the Health Care Power of Attorney could have been used to manage
the placement and well-being of the Ward, but instead a Guardian has to
be appointed by the court, to obtain the legal authority to act on behalf
of the incapacitated adult.
A Conservator is a person the Court appoints to be responsible for the
estate and financial affairs of the Ward, if the Ward owns money or property
that requires management and protection. A common example of a Conservatorship
is when someone becomes incapacitated and does not have an Estate Plan
in place. With an Estate Plan, the Financial Power of Attorney could have
been used to manage the incapacitated person's finances, but instead
a Conservator has to be appointed by the Court, to obtain the legal authority
necessary to act on behalf of the incapacitated adult.
An incapacitated adult can be someone injured in an accident in need of
temporary and/or permanent assistance or someone that can no longer manage
his/her affairs simply due to old age.
The Guardian and/or Conservator do not have to be the same person.
If you are interested in contacting Owens and Perkins to assist you to
be appointed as someone's Guardian and/or Conservator or if you object
to someone being appointed,