Conservatorships and Guardianships
How to get help for an adult who can't manage alone.
If an adult becomes unable to handle day-to-day financial or medical affairs affairs, someone else must step in to take care of things. If the incapacitated person planned ahead and signed durable powers of attorney for finances and health care, the person named in those documents can take charge. (See Durable Financial Power of Attorney: How it Works and Living Wills and Powers of Attorney for Health Care: How They Work.)
However, if no planning has been done -- a common situation -- then family members must ask a court to appoint a conservator or guardian. This person will have the court-ordered authority and responsibility to manage the incapacitated person's affairs.
| Conservatorship vs. Adult Guardianship |
| In some states, conservatorships are called adult guardianships, but the terms mean roughly the same thing. For the rest of this article, we will use the term "conservatorship" to refer to adult guardianships and conservatorships. |
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If a court appoints someone to take care of financial matters, that person is usually called a "conservator of the estate," while a person in charge of medical and personal decisions is a "conservator of the person." An incapacitated person may need just one type of representative, or both. The same person can be appointed to take both jobs. Both types of conservators are supervised by and held accountable to a court.
Generally, conservatorships are established for people who are in comas, suffer from advanced Alzheimer's disease, or have other serious illnesses or injuries.
Pros and Cons of a Conservatorship
Conservatorships are time-consuming and expensive; they often require court hearings and the ongoing assistance of a lawyer. The paperwork can also be a hassle, because the conservator must keep detailed records and file court papers on a regular basis.
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