GUARDIANSHIP & CONSERVATORSHIP

Applying for Guardianship or Conservatorship

Powers of attorney can be quite effective at allowing individuals to designate somebody else to make their medical and financial decisions. Powers of attorney cannot override a person’s financial and placement decisions, however, and sometimes a person becomes unable to exercise sound judgment when it comes to such decisions.

Family members presented with this type of a dilemma can protect their loved one by applying for a guardianship or a conservatorship. A guardian is appointed by the court to oversee another person’s medical decisions. Likewise, a conservator is appointed by the court to oversee another person’s financial decisions. A variety of circumstances may lead families to apply for a guardianship or conservatorship. For instance, families may consider pursuing this course if their loved one:

Is unable to make medical and/ or financial decisions

Is unwilling or unable to sign a power of attorney

Becomes easily agitated, aggressive, or combative

Gets lost or disoriented, but refuses to give up driving

Is being exploited by a family member, friend, or scam artist

Cannot control spending

Is not safe to live at home, but refuses to move

Has changed powers of attorney numerous times

Has given power of attorney to an untrustworthy person

Needs treatment in a mental health facility

The process of applying for a guardianship or conservatorship can be somewhat complicated, and it typically takes about eight weeks to complete. In certain situations, however, the court will appoint a temporary guardian or conservator to act while the process is underway. Because applying for a guardianship or conservatorship always requires court involvement, it is typically best for an attorney to handle the matter. Early intervention with designating powers of attorney can help avoid the need for guardianships or conservatorships, and is highly recommended.