Guardianship Proceedings

Frequently aged individuals becomes incapacitated and unable to tend to their daily living needs and are without a valid Power of Attorney.  In such a case, a Complaint may be filed for Guardianship over the person and/or property. The Complaint will need to include two Doctors’ Affidavits which state that the individual is not competent to make his or her own decisions regarding his or her personal or financial affairs and a Certification of their assets.  Once the Complaint is filed the Court will appoint an attorney to represent the individual that is alleged to be incapacitated.  

At the Guardianship hearing, the Court will determine whether or not the alleged incapacitated is incapacitated.  In the event the Court finds that the individual is incapacitated the Court will determine whether or not the filing party is an appropriate person to be the Guardian.  Once appointed the Guardian of the person and property of the incapacitated, will then be responsible for making personal, medical, and financial decisions as prescribed in the Court decision. The decision making authority may be limited and must be made for and in the best interests of the incapacitated.

Conservatorship Proceedings

A Conservatorship is typically more limited than a guardianship. The Conservatorship is a relationship between a caregiver and an individual who cannot make decisions for himself or herself, perhaps because of dementia or that the affairs of the Conservatee are more sophisticated than the mental capacity of the Conservatee can handle. Unlike a Guardianship, a Conservatorship does not require a determination of incapacity. The Court determines that the Conservatee's decision-making abilities are impaired to such an extent that he or she cannot properly manage financial or personal affairs.

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