When is a Guardianship and a Conservatorship Necessary?

When a person can no longer make medical, personal and financial decisions for himself or herself, the court appoints someone else to make these decisions. A conservator is appointed to handle financial matters, while a guardian is appointed to advocate for the best interests of the person in all other respects.

In general the protected individual is entitled to respect and understanding, and the right to have his or her voice heard, even if sometimes that voice is expressing thoughts that may not make sense to outsiders.  Your loved one has the right to express concerns, ask questions and make suggestions about decisions you are making for him or her.  The protected person has basic human rights of privacy and the right to be well cared for as well as the right to be free from physical or sexual abuse, financial exploitation, neglect and self-neglect.

At Swaim, Carlow & Ames, P.C., our attorneys can help you become appointed as guardian and/or conservator for your loved one, and we can advise you of your responsibilities to your loved one and to the court that appointed you to serve in this capacity for him or her.