Sometimes our adult loved ones reach a point when they are not able to make the decisions they need to make to insure their safety and well-being. When that happens, a caregiver may step in to be appointed as a guardian, conservator, or both for that person. A Guardian is a person appointed by a court to manage the affairs of an incompetent adult who does not have the ability to manage his or her own affairs. A Conservator is someone who manages only the financial affairs of such a person.

A Guardian may be needed when a person is unable to decide or take action needed to protect his or her own health, safety, or well-being, The inability to look after his or her own interests may be due to a person's age or illness, or in some cases, because the person was never able to make such decisions, but has reached an age when he or she might legally be presumed to do so, but cognitively cannot.

Simply making bad decisions with regard to one’s own health, safety and finances is not normally sufficient to meet the standard necessary to appoint a guardian or conservator. If a person is not able to appreciate (among other things) the consequences of these decisions, the amount and/or source of his her income, and his or her financial obligations or is at risk for exploitation by others, he or she may need to have a guardian or conservator appointed.

Often, the need for the appointment of a guardian may be avoided by proper planning and execution of a Power of Attorney. I you or a loved one is in need of a power of attorney or of having a guardian appointed, please contact us today to schedule a consultation to discuss how we can help you navigate this life change.