Guardianships and Conservatorships

Who needs a Guardianship?

If a loved one becomes unable to make his or her own decisions regarding his or her care and the person does not have a valid Designation of Patient Advocate appointing a person to make those decisions, then the probate court needs to be petitioned to appoint a guardian.

Additionally, a developmentally disabled child who is unable to make decisions regarding his or her own care will need a guardian when he or she is 18 years of age.

Often the petition for the appointment of a conservator is made at the same time as the court is petitioned for the appointment of a guardian.

Who needs a Conservator Appointed?

If a loved one becomes unable to handle his or her business affairs and he or she does not have a valid durable power of attorney appointing an agent to do so, the probate court needs to be petitioned to appoint a conservator. Often the petition for the appointment of a conservator is made at the same time as the court is petitioned for the appointment of a guardian.