Understanding Guardianships and Conservatorships: Care for Incapacitated Individuals

Life is unpredictable, and sometimes events transpire that may render an individual—whether a child, an elderly parent, or another adult—unable to make personal, financial, and/or healthcare decisions for themselves. In such scenarios, the legal systems of guardianships and conservatorships come into play. These protective proceedings, though distinct in their functions, share a common purpose: to provide care and management for those who can't do it on their own.

A guardianship is generally necessary when an individual can no longer make decisions for his/her person and/or property. A guardianship removes considerable rights from the incapacitated individual, thus, all other options should be considered and proven inapplicable or ineffective before pursuing a guardianship.

A conservatorship is generally necessary when an individual requires assistance with managing his/her financial affairs. A person may be capable of making personal and healthcare decisions but be unable to make sound financial decisions. This role might involve handling daily financial matters, managing and protecting assets, and ensuring the person's financial needs are met.

It is important that any person named as guardian or conservator over an individual understands their obligations and their duties. The named guardian may be responsible for making both financial and medical decisions for the incapacitated individual, including but not limited to, making end-of-life decisions, selling property, and/or filing lawsuits on behalf of the incapacitated individual. The named conservator is generally responsible for financial matters only.