Guardianship is a situation where a person is no longer able to independently manage their financial and personal affairs, and the court appoints a professional person who will act on behalf of the incapacitated person. If a person has planned and written power of attorney for finances and health care in advance, then the person indicated in the documents can become his guardian. Basically, such people are required, a person who is in a coma, with Alzheimer’s disease, or with other diseases or injuries.
When a court appoints a person to deal with financial matters, he is often referred to as the “custodian of the property.” And the one who is in charge of personal and medical affairs is called the “guardian of the face”. An incapacitated person may require both types of representation or only one of them. But every type of conservative is responsible to the court and subject to its control.
Pros and cons of the conservatory
This is a rather expensive and lengthy process that entails court hearings and requires the assistance of lawyers. Also, the custodian constantly needs to keep records and carry documents to the court. Each court proceeding and all documents are public, which affects the private life of an incapacitated person and does not preserve his independence.
But there are also pluses in constant judicial supervision, it ensures the safety of the property of an incompetent person and guarantees the quality of the custodian’s work. Some courts require the guardian to obtain permission before making a major decision, such as selling a home. In addition, the custodian of the property is usually required to place bonds protecting the property from misuse. Each state has rules and penalties designed to prevent a custodian. But, unfortunately, not everyone has enough resources to constantly control their actions, so often cases of incompetence or tough behavior go unnoticed.
How to get into the conservatory?
The case is usually heard by state or family courts and heard by a judge or a student. You can also contact a conservatorship attorney who will advise you and help you manage your case. Before the hearing, you will need to provide the court with a copy of the documents, and often you will also need to provide a doctor’s opinion based on the examination.
At the beginning of the custody hearing, the court is required to hear evidence of the person’s mental capacity. If the judge decides that the person is incompetent, he will appoint a conservative. For this job, the court may choose any person, but usually favors blood relatives or a spouse. But if none of the relatives is suitable for this position, then the judge will choose a public or other professional figure as a trustee.
The work and expenses of the conservatives are paid from the money of the person under their care. When necessary, relatives use their money to support conservatives. Such payments are made to professionals and public figures, but family members can also demand compensation in court.
Types of guardianship:
*By type of activity:
1) Financial. The conservative helps the incapacitated person in all his financial affairs and has full authority over them.
2) Physical. The guardian looks after the health and personal affairs of the person.
3) General. A conservative controls all areas of a person’s life (finances, health, personal affairs, etc).
1) Short term. Lasts no more than 90 days and addresses specific and urgent issues.
2) Temporary. Lasts a certain time or until some event. For example, until a person comes out of a coma.
3) Permanent. It lasts until the end of the life of an incapacitated person or until the abolition of the conservatory.
Difference Between a Guardianship and a Conservatorship
There is one clear difference between these two legal institutions. The guardian deals with a lot of personal and medical matters, while the conservatory carries out limited activities, usually, he can only pay bills, invest and handle other financial matters.
Termination of the conservatory
All people, including a potential conservative, his family members, and friends, maybe against the guardianship itself or against a specific custodian. If a person wants to cancel guardianship, then he is obliged to send all documents to the court, notify all parties about this and be at the court session.
The activity of the custodian continues until the court makes a ruling on the termination of liability. This happens in the following cases:
1) Does guardianship end at death.
2) This level of help is more needed.
3) Financial assets ended.
4) The keeper stops working on its own. At the same time, the conservatory itself does not end, there is only a change of the custodian.
The conservatory will help support the correct solution to the financial and personal problems of a disabled person. It can make life easier for such a person and his family. But do not forget to consult a lawyer before opening a conservatory. The specialist will help you make the right choice and decide between guardianship and power of attorney. And also to advise you on the features of the conservatory in your state.