Conservatorship and guardianship are legal concepts related to the protection and management of individuals who are unable to make decisions for themselves due to incapacity or disability. The terminology and specifics can vary by jurisdiction, but generally, the terms are used in the following ways:
Conservatorship Definition: Conservatorship is a legal arrangement in which a court appoints an individual or entity (the conservator) to manage the financial affairs and assets of someone who is unable to do so themselves. This may be due to reasons such as old age, physical or mental incapacity, or developmental disabilities.
Conservatorship Purpose: The primary goal of a conservatorship is to protect the financial interests and well-being of the person under conservatorship. This includes making decisions about property, income, and financial transactions on behalf of the incapacitated individual.
Guardianship Definition: Guardianship is a legal relationship where a court appoints a guardian to make personal and medical decisions for an individual who is unable to make such decisions themselves. This could be due to reasons such as mental illness, disability, or age-related incapacity.
Guardianship Purpose: The purpose of guardianship is to ensure that the personal and health-related needs of the individual are met. This may involve decisions about living arrangements, medical treatment, education, and other aspects of daily life.
Court Appointed Agents Definition: Court-appointed agents, in the context of conservatorship and guardianship, refer to individuals or entities appointed by a court to act on behalf of an incapacitated person. These agents may be referred to as conservators or guardians, depending on whether they are primarily responsible for financial or personal matters.
Court Appointed Authority: Court-appointed agents have legal authority granted by the court to make decisions on behalf of the incapacitated individual. The extent of their authority is defined by the court order, and it is usually tailored to the specific needs and circumstances of the person under conservatorship or guardianship.
It’s important to note that the terminology and legal processes can vary between jurisdictions, and some regions may use different terms or have specific laws governing these arrangements. The overarching goal of both conservatorship and guardianship is to provide support and protection for individuals who are unable to make decisions for themselves.
It’s also important to note that the specific duties of a probate attorney may vary depending on the laws of the jurisdiction in which they practice and the complexity of the estate involved. Additionally, some probate attorneys may also handle estate planning matters for clients to help them avoid probate or minimize its impact.