Question

What do the terms guardianships and conservatorships mean? Discuss the process for appointing a guardian or conservator for a disabled adult.

Answer 1

An adult is capable of making his decision. In case an adult is unable to take his decision due to physical or, mental ailment than a court appoints a guardian or the conservator for that person.

If a person has already appointed a person as his guardian or conservator in his will the court would appoint that person as his guardian or conservator because he knows the client well.

In case there is no will or legal paper to show someone as a guardian or a conservator then the court appoints the guardian or the conservatory.

Guardianship: It is a legal relationship that gives one or more people to make the decision for the adult disable person when that person is unable to take any decision. His duty includes looking after the medical treatment, safety, and wellbeing of that person.

Conservatorship: He is also appointed by the court there can be one or more conservator, their duty includes to look after the financial dealing of the disabled person, like a bank account, paying bills, and collecting debts managing the inflow and outflow of the monetary matter from the state.

The court can appoint one person as the guardian as well as a conservator, depending upon the situation. If there is more than one guardian or conservator appointed by the court then all have equal say in the matters they are appointed for.

The person with a sound mind and ability to carry out his duty is appointed by the court as the guardian or conservator.

The conservator has to take supervision of the court while dealing with the property or real estate of the person. The payment to the conservatory is made from the property of the subject.

If the person had already appointed an attorney, then the court usually appoints the same person the guardianship if the POA is brought up to the Probate Court.