Guardianship and Conservatorship

Whenever an adult shows signs of being able to care for or make independent decisions on their behalf, the District Court may grant authority for another person to make decisions for that person. This person is known as a guardian or conservator.  A guardianship involves the care and custody of a person, while a conservatorship involves managing assets and finances.

A Guardianship may arise when your loved one becomes incapacitated so that he or she is not able to make sound decisions regarding personal welfare, or when you need to obtain decision-making authority for a dependent (such as a minor or dependent adult) or you even suspect financial or physical abuse of a person who may be under the guardianship of another.

A conservatorship may arise when a loved one is determined by the Court to be mentally incapacitated and has assets that need protection.  The loved on is commonly referred to as a protected person.   In that case, the Court will appoint a conservator to manage those assets.   The Court also conducts an annual review of the management of the protected person’s assets.

For more information or to discuss your situation with a lawyer, contact the Law Firm of James H. Morgan, LLC