Guardianship and Conservatorship

Guardianship and Conservatorship – St. Louis Elder Law Attorneys

In general, Guardianship and Conservatorship describe the appointment by the Probate Court of a person with authority to make most decisions about your care and custody and with authority to manage and control your financial affairs. Though you can request one or the other, most often, a guardianship and conservatorship request is presented to the Court at the same time.

Guardianship

A Guardian is a person appointed by the Probate Court with authority to make all decisions about the care and custody of an incapacitated person (called the Ward). A petition must be filed with the Court and a hearing held. The Ward loses all civil rights such as the right to determine where to live, the right to request or refuse medical treatment, the right to vote or make a contract, and the like. The Guardian must make annual reports to the Court regarding the status of the Ward. In some situations, it is appropriate for the Court to appoint a Limited Guardian who is given authority to make decisions in only those areas that the Court specifies.

Conservatorship

A Conservator is a person appointed by the Probate Court with complete authority to manage and control the financial affairs of a disabled person (called the Protectee). The Protectee loses all rights with regard to finances. A petition is filed with the Court and a hearing held. If appointed, the Conservator must post a bond to the court and make an annual accounting to the Court regarding all money coming in and going out of the Protectee’s estate. The duty of the Conservator requires careful and detailed record keeping, an understanding of what you can and cannot spend of the Protectee’s money and continued legal representation. In some situations, it is appropriate for the Court to appoint a Limited Conservator who is given authority to make decisions about only those financial matters that the Court specifies.

Duties of Guardianship

• To protect a loved one who cannot care for him/herself. For example, to protect a loved one who refuses to take necessary medications.
• To prevent serious injury, illness or disease to self or others. For example, guardianship is helpful where a person is not feeding him/herself or is unable to prepare meals.
• To provide safe and clean shelter to a person who cannot care for themselves or their residence.

Duties of Conservator

• To protect assets from financial abuse and fraud.
• To protect and preserve an estate from waste.
• To manage an estate where a disabled person is unable to manage his/her own affairs.
• To avoid family feuding/conflict about control of a loved one’s estate.