Guardianship and Conservatorships

A Guardianship action is a Probate Court review and possible appointment of a guardian. A guardian may be appointed for an adult (ward) who has lost sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety. The guardian’s authority to act may be limited, based on the capacity of the adult ward. Oftentimes, a guardian will be appointed for an adult ward who has been diagnosed with Alzheimer’s Disease or Dementia.

A Conservatorship action is a Probate Court review and possible appointment of a conservator. A conservator may be appointed for an adult (ward) who has lost sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property. Similar to the guardianship, the conservator’s authority may be limited, based on the capacity of the adult ward.

Oftentimes, the Probate Court will appoint both a guardian and conservator for an adult ward. Depending upon the individual circumstances of the adult ward, the Court may appoint two or more individuals to serve as guardian and conservator. Both a Guardianship and Conservatorship have reporting requirements that must be filed annually. These reports update the Probate Court as to the well-being of the adult ward and serve as an accounting of his/her assets.

As an “adult child” of your parent, you may have a number of questions that need to be addressed by an attorney that has practiced in this area of law. Although there may be a number of similarities from one case to the next, each Guardianship/Conservatorship that is filed has its own unique facts and circumstances that you, the “adult child,” should consider prior to filing. You should seek a consultation with an attorney experienced in Guardianships and Conservatorships.