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Conservatorship or Guardianship

It is unfortunate when a family needs to plan around a Conservatorship or Guardianship
proceeding. Both proceedings are before the Probate Court and are expensive and time
consuming as well as presenting special challenges for the proposed conservatee or ward. A
Conservatorship Proceeding is used for adults; a Guardianship is used for minors.

When an adult has become or is incapacitated, it means that they are unable to make financial or
healthcare decisions (or both) for themselves. Sometimes clients are prepared in advance by the
creation of a Power of Attorney (POA) document or an Advance Healthcare Directive (ACHD).
However, the POA and the AHCD need to have been prepared and signed prior to the person
actually having become incapacitated.

The Conservatorship Proceeding may be contested or non-contested and such decisions are often
complicated when family members do not agree on who or how the Conservatee is to be

A Guardianship Proceeding involves a minor and is often used when it is more beneficial to the
minor to be raised by someone else - often an extended family member. The Guardianship ends
when the child becomes an adult, whereas the Conservatorship will likely last until the
Conservatee's death.

If you and your family are facing these difficult times, we invite you to call us to discuss your
options and to get details of what such a proceeding will likely mean to you and your family.