When a loved one loses the ability to make financial or medical decisions without an incapacity plan already in place, a family member may need to obtain a guardianship or conservatorship through probate court. A guardian is responsible for the personal care of an incapacitated person, while a conservator is responsible for protecting and managing their assets. Depending on the circumstances, an incapacitated person may need a guardian or a conservator or both. The guardian and conservator may be the same person, but this is not required.
Obtaining a guardianship or a conservatorship requires a multi-step legal process that includes a hearing before the probate court. If you think that a guardianship or conservatorship may be needed to manage the affairs of a disabled family member, call us to talk about your options.