When a person is incapacitated that they can no longer make their own decisions regarding their medical care and placement, this person can appoint an individual for adult guardianship. The court will grant the guardianship once the process is completed. When an incapacitated person is unable to handle their own assets, a conservatorship may be given by the court. The court will monitor the appointed conservator and will require annual reports regarding the incapacitated person’s assets. Typically, when a guardianship is granted, a conservatorship will be granted as well.
Guardianship or conservatorship may be stopped once the incapacitated person proves that they no longer need a guardian or a conservator. Their legal rights will be restored once the court grants their petition.
For relatives with special needs cases, it is advisable to process the application three months before ward turns 18. This will give the physician or psychiatrist enough time to complete all the required paperwork that must be filed in court. The physician or psychiatrist will then decide if a guardian is really needed or not.
Guardianship for minors is the process where the court appoints an individual to care of the needs of a person under 18 years old. The appointed guardian will be able to make important decisions for the minor such as where to live, which school to attend, and medical care. Probate Court and Family Court will work together to choose a guardian for persons under 18.
Conservatorship will be provided to a minor who has their own assets. The conservator will be given the right to make financial decisions for the minor and is accountable to the Probate Court.