Family Law Attorneys Fight for Families

Guardianships are often thought of as applying to minors, but sometimes they can apply to adults as well. In certain instances, adults who are unable to manage their own affairs are given a guardian, or conservator, by a court. This is known as an adult guardianship, or a conservatorship. Here is a closer look at this lesser-known legal issue. 

Types 

There are basically two main types of conservatorships. The first type is known as a conservator of the estate. In this case, the conservator only has control of a person's finances. The other type is known as a conservator of the person. These conservators are in charge of the well-being of people who are unable to care of their day-to-day needs, such as bathing, dressing and feeding themselves.  

Some individuals might require both types of conservators. For example, someone with Alzheimer's disease would not be able to take care of their daily needs or make sound financial decisions. In this case, a single person might be a conservator of both the estate and the person. 

Process 

If you have an adult relative who needs a conservatorship or adult guardianship, you may want to have yourself appointed as the guardian or conservator. To do this, you will need to convince a judge that your relative is incapacitated to the point that they are no longer able to take care of themselves or handle their financial affairs properly.  

An important point ot remember is that it's best to consult with all of the individual's close family members before taking any legal action. Family members who do not agree with your plan to be appointed as the incapacitated person's conservator have a right to challenge you in court. 

Oversight 

If you are appointed as a conservator, your actions will generally be watched closely by the court to make certain you are acting in the best interests of the individual in your care. Most courts will review the conservatorship on a regular basis and you may need to defend your actions if anything seems questionable. 

In addition to regular reviews, a major decision may need prior approval by the court. For example, if the person in your care owns a valuable property, such as a house, the court might insist on examining the details of the sale before giving the go-ahead. 

Conservatorships or adult guardianships can greatly assist people who need someone to look after them. For more information, contact an attorney with experience in this area of the law.