What to Know about Guardianship and Conservatorship
When you are working on your Estate Plan you might be faced with the decision of Guardianship and Conservatorship. To help you understand these aspects of your estate plan we at Robinson, Seiler & Anderson in Utah County have come up with some helpful facts that you should know about Guardianship and Conservatorship.
A guardian is a person appointed by the court to make healthcare and other mostly non-monetary decisions for someone who cannot make these types of decisions because of an injury, illness, or disability.
A conservator is a person appointed by the court to take care of someone's finances when he or she cannot make these types of decisions because of an illness, injury, or disability.
You will need to have a Guardian or Conservatorship in the following cases:
· Someone who is in a coma.
· Someone who is mentally challenged.
· Someone who has Alzheimer's disease or other forms of dementia.
· Someone who has had a stroke.
· Someone who has suffered a brain injury.
· If a court finds that a person cannot make any or all of his or her important life decisions, that person is incapacitated.
If the court decides to appoint a guardian or conservator for an incapacitated person, the incapacitated person is called the ward. The court appoint both a guardian and a conservator if the court finds it appropriate. It is largely dependent on the situation you may find yourself in.
Who does the court appoint as a guardian or conservator?
· The court's first choice is a close family member, usually a spouse or domestic partner, parent, or adult child.
· If no close family member is available or suitable, the court will consider other relatives or friends.
· If no family member or friend is available, the court will usually appoint a neutral, specially trained attorney who handles these matters on a regular basis.
Having a Guardianship or Conservatorship in place within your will is the easiest way to go, not only for you, but for your family as well. Meeting with the attorneys at Robinson, Seiler & Anderson in Utah County can help you in making this decision and explain which is most appropriate for your situation. Call us today to schedule a consultation.