We understand that life leads to situations where individuals require assistance in making critical decisions regarding their well-being, property, and personal affairs.
In such instances, guardianship and conservatorship play vital roles in providing the necessary support and protection.
A guardian is an individual or entity appointed by a court to make decisions on behalf of another person, the ward, who is unable to make those decisions independently due to incapacity, disability, or other circumstances. Guardians take on a profound responsibility, acting as advocates for the well-being and interests of their wards. While the terms “guardian” and “conservator” are often used interchangeably, they serve distinct roles and responsibilities.
Guardian: A guardian is primarily responsible for making decisions related to the personal and medical well-being of the ward. This includes healthcare choices, living arrangements, and other personal matters. Guardians ensure that the ward’s daily needs are met and that their rights and dignity are protected.
Conservator: A conservator focuses on managing the financial affairs and assets of the individual in need of assistance. This role encompasses responsibilities such as bill payments, asset management, investment decisions, and financial planning.
Guardianship of Minors: When a minor’s parents are unable to provide proper care or make critical decisions due to illness, incapacity, or other reasons, the court may appoint a guardian to safeguard the child’s best interests. This includes ensuring the child’s physical and emotional well-being, educational needs, and overall development.
Guardianship of Elders: For elderly individuals facing cognitive decline or incapacity, guardianship becomes a means to ensure they receive adequate care and protection. Guardians can make decisions related to healthcare, living arrangements, and end-of-life care, safeguarding the elder’s dignity and quality of life.