Frequently Asked Questions

Is there a difference between guardianship and conservatorship? Yes

A guardian of the person is responsible for decision making on personal welfare and medical care; non financial affairs. 

The guardian of the estate (conservatorship) is responsible for financial and estate matters only.

When may a guardian or conservator be necessary for an adult?

When an adult becomes unable to make responsible decisions, then that adult may be in need of a guardian, conservator, or other alternative.

How does the law define an incapacitated individual?

One who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions.

When is a conservator appointed?

A conservator may be appointed if the person is unable to manage his or her property or finances effectively.

Are there other alternatives to guardianship?

Yes, Supported decision making (SDM) allows an individual with a disability to make choices and decisions about their life with a designated person or team of trusted supporters. They can stay in charge but have help when needed.

When may a guardian or conservator be neccessary for of

Estate: responsible for financial and estate matters only.