Guardianship of the person addresses personal and medical decisions, while guardianship of the estate or conservatorship manages property. Appointment requires proof of incapacity and court oversight continues afterward.
Less restrictive alternatives must generally be considered.
Alternative Names:
Guardianship|Conservatorship Proceeding
Why it Matters?
Guardianship is required before settling for an incapacitated adult claimant, since no one otherwise has authority to accept on their behalf, and the proceeding takes time that should be started before settlement rather than after agreement. Ongoing court supervision including accountings continues after appointment. Less restrictive alternatives including power of attorney executed before incapacity may avoid the proceeding entirely.
Frequently Confused with
Related terms
Frequently asked questions
When must guardianship be established?
What may avoid the proceeding?
