Guardianships and Conservatorships function as legal tools that allow a trusted friend or family member to manage the affairs of an individual who may be deemed legally incompetent or otherwise unable to manage their own affairs. A Guardianship is specifically designed to give legal authority over all decision-making for the protected person to the third party. Guardianships can be exercised over an individual or their financial affairs. A Conservatorship is distinct in that it gives a third party specific authority over the finances and business affairs of a legally incompetent or incapacitated person.
While it is less costly and burdensome to plan for such an occurrence ahead of time by creating a Durable Power of Attorney and designating a Health Care Proxy, a person can petition a court to be appointed as Guardian or Conservator over the person with reduced capacity. A guardian or conservator’s authority is typically somewhat limited, meaning they must seek additional special authority from a court to engage in certain activities that ensure the protection of the individual over whom they have authority. In addition, the appointed person must regularly report to the court, further safeguarding against improper abuse of authority. Pereira Law is equipped with the knowledge to help and advise you during the initial appointment process and throughout the duration of your appointment.