What are guardianships and conservatorships?
They ensure legal protection for minors, disabled people, or those who are incapacitated. Guardianships concern decisions regarding the healthcare or medical care of a person of any age, or the care of a minor child. Conservatorships concern financial decisions for someone who is incapacitated due to illness, injury, or disability.
Why guardianships and conservatorships matter.
Guardianships and conservatorships help those who care for the vulnerable and put court oversight of vulnerable people in place. Guardianships or conservatorships are typically needed when someone cannot or can no longer make decisions for themselves.
Whom does the court appoint as guardians or conservators?
The same person can be both a guardian and a conservator, but the court can also appoint separate people for the roles. The court’s first choice tends to be a close family member such as a partner or spouse, parent, or child over 18. If none of these is available, the court will look at other relatives or good friends. If there are no family members or friends available, the court will appoint a neutral, third-party professional fiduciary who regularly handles these matters.
The importance of guardianships and conservatorships.
Guardianships and conservatorships give the conservator or guardian power over important aspects of a vulnerable person’s life. Therefore, they are very carefully considered by the court. The court looks to act in the best interests of the incapacitated person and so there are strict rules around the process to obtain guardianships and conservatorships.
This is most definitely not a process that we recommend people try to go alone, without a lawyer. I have seen what happens when the correct legal protections have not been put in place and for me, it is one of the sources of greatest professional satisfaction to see that someone who needs it is protected.
To see how the process of obtaining a guardianship works in practice, read this case study of grandparents trying to get custody of their granddaughter.
Find out more about guardianships, conservatorships, and other services I offer on my Services page.
If you would like to get in touch about your situation, please call me on 720 457 4573 or email me at kate@rockymtnelderlaw.com.
