What Is The Role Of A Conservator or Guardian for An Adult?

We know the thought of creating an estate plan might make your head spin. But failing to do so can cause way more mind-numbing, stressful, and time-consuming efforts later.

Creating power of attorney (POA) documents as part of an estate plan assigns an individual the authority to make decisions in financial or medical matters for another person. But POAs must be created by a competent individual prior to any incapacitation.

When power of attorney documents do not exist, and an adult individual becomes physically or mentally incapacitated or is otherwise unable to make their own decisions in health-care or financial matters, legal proceedings are necessary to give someone else the authority to manage the individual’s affairs.

During a guardianship proceeding — sometimes known as a conservatorship of the person — a person’s legal ability to manage their health and welfare is challenged. During the proceeding, if proven incapacitated, the rights of the individual — the protected person — are taken away. A guardian is then appointed as decision-maker in those health and welfare matters.

A conservatorship — or guardian of the estate — is the legal proceeding to establish a person’s inability to take care of their estate (financial assets and property). When incapacitation is proven, a conservator is assigned to manage and protect the estate of the protected person.