Guardianship and Conservatorship

When someone does not have the legal capacity to manage their own finances, a conservator may be appointed. When the person cannot manage their own day-to-day care, the court may appoint a guardian for that person, particularly when there is a family dispute that could impact the person in need.

When do Children Need Guardians or Conservators?

Guardianship for ChildrenA child may be appointed a guardian in the event one or both of their parents is physically unable to provide daily care. This may be the result of a physical disability, incarceration or death. Guardians are specifically tasked with the physical care of the child and are authorized to make decisions pertaining to their health and education.

When a child has inherited money, the court may elect to appoint a conservator to protect the child’s interest.

Appointing Guardians or Conservators for an Adult

Guardians or Conservators for AdultsAdult family members who suffer from dementia, or are physically unable to care for their basic needs may need a guardian to take care of them. In many cases, family members will ask to be appointed guardian, particularly if their loved ones had no powers of attorney in place to allow someone else to make decisions about their health and other care prior to their incapacity.  As with children,  conservators would be appointed to manage the finances of the incapacitated adult. This process is difficult, even if the adult has a mental illness, and requires the skills of an experienced family attorney.

When you need a family attorney to assist you with family matters, you need a compassionate and caring person who will listen to what you have to say and to act as a strong advocate. In these cases, contact the Bolton Law Firm, LLC at (913) 428-0821 or (620) 644-9210 for all your family law needs.

Posted by: jorellana on September 28, 2016