Guardianships and Conservatorships

All of us are aging. Some have the good fortune to be able to care for themselves right up until the end of life. Others may need assistance in making decisions concerning medical care or finances, and they have support from family members, friends, or professional advisors who can act under powers of attorney, healthcare directives, and other planning documents. But some adults lose the ability to care for themselves due to illness, disability, injury, or old age without having a support system in place. What then?

If an adult is no longer capable of making or communicating significant responsible decisions concerning his or her health or finances, and no one else is legally able to make such decisions for the adult, the Probate Court may appoint a guardian or conservator. A guardian is authorized to manage an incapacitated adult’s “person” by making necessary decisions about health care, daily living, and residence. A conservator is authorized to manage an incapacitated adult’s “property” by managing finances, protecting assets, handling income, and paying expenses. The court may appoint a guardian or conservator only after holding a hearing and finding that the adult is incapacitated to the extent that he or she cannot make or communicate significant responsible decisions about health care or finances.

As our population ages, courts are seeing an increase in legal disputes over guardianships and conservatorships. Family and friends of an incapacitated adult may disagree over whether a guardian or conservator is necessary, or they may disagree about who should serve in those roles. The incapacitated adult may object to the appointment of a guardian or conservator. Later on, after the court appoints a guardian or conservator, a family member or friend may observe that the guardian or conservator is not acting in the best interests of the incapacitated adult, and they may seek to have the guardian or conservator sanctioned or removed.

If you have a family member or friend who may need a guardian or conservator, or if you have concerns about whether a guardian or conservator is acting in the best interest of someone you care for, please consult with Baumbusch Law for knowledgeable and understanding legal advice.