How to Establish a Guardianship for Children and a Conservatorship for Seniors
If you have minor children or you are considering having children, choosing a guardian is very important, and at times it can be overlooked. Make sure that the person or couple you choose shares your opinions, is financially secure and is actually available to raise your children. Like all designations, you must also name a backup guardian.
If you don’t make these designations, the court could have your children live with a family member that you would not have chosen. In extreme cases, the court could make your children wards of the state.
What is a conservator? A conservator is somebody who has the legal responsibility over an adult, whether it’s for their daily care, their financial affairs, or both. A conservator has many different responsibilities.
The conservator has two functions: 1) conservator of the individual and 2) conservator of the assets. Both of them may be necessary. If you need both, it’s best if you can recommend someone to fill both roles. Both of them are appointed by the court.
The conservator of the individual is someone who makes day-to-day decisions for the adult. The conservator is responsible for feeding, clothing, safety, medical care, finances, love and support. It’s as if the conservator assumes the role of parent. Think of it as “ would I do for myself.”
The fact that you have a conservator does not mean that (s)he can do nothing with your personal welfare or with your money. Conservators are under the court’s supervision and need to get permission from the court before they can take them out-of-state, put you in a retirement home, sell your house, change your will or any other business there may be.
The court will also ask for an inventory of the adult’s estate with the fair market value of every article and will require annual updates on the status of the articles. The conservator may also be required to post a bond.The court will also ask for medical updates and other things to guarantee the adult’s well-being.
Conservators are named by the court. The court designates someone to administer the daily care or financial affairs of another person. It can require expert testimony from doctors, psychologists and others. Also, it can require that you provide a lot of information about the adult to be placed under conservatorship, as well as you yourself. The court is only convinced of someone’s incapacity when the adult is incapable of taking care of themselves or their finances in advanced stages of dementia, they’re in a coma or they have other serious conditions. The court will also examine other estate planning documents that the adult had already made regarding conservatorship. Generally, the court is predisposed to giving the adult the most freedom possible.