Guardianship is a legal relationship that is established by the courts between a fiduciary known as a guardian and a person who has been deemed “incapacitated” in order to protect such person who lacks sufficient ability to understand and make decisions regarding their personal care and health. A guardian is appointed by the court and accepts the duties to make such personal care and health decisions on behalf of the protected person. Unless waived by the court, a report with respect to the protected person’s condition must be filed annually.
Conservatorship, on the other hand, relates to the legal relationship between a fiduciary known as a conservator and a like protected person, where the conservator is charged with managing the finances and protecting the assets of a protected person. A conservator has a duty to file an annual accounting with respect to management of the protected person’s financial affairs, unless waived by the court.
The role of a guardian or conservator can be limited in nature, or it can be general covering more broad areas of decision-making, depending on the extent of the protected person’s level of capacity.
If you have a loved one who requires assistance with decision-making due to diminished capacity, you may wish to consult an experienced attorney who can discuss options available to you. Whether you may be looking to establish an initial guardianship or an initial conservatorship or you may be looking for guidance in preparing an annual report on behalf of a protected person, Vitale Law offers diligent legal services to help you accomplish those tasks effectively and efficiently.