Guardianship⁄Conservatorship

Guardianship is a legal process that protects the interests and rights of an incapacitated person, which is defined as someone who cannot manage their personal and/or financial affairs on their own. Guardianship can be appointed over the person or the estate, or both, of a temporarily or permanently incapacitated person.

The court may grant the guardian full authority over the person, or may grant the guardian limited authority as indicated by the person's actual abilities.

When the court grants the guardian limited authority, the court must design the guardianship to encourage the development or maintenance of maximum self-reliance and independence in the incapacitated person. Which form of guardianship is appropriate depends upon the individual's needs.

The law also provides temporary guardianship, which is when a personal representative is appointed by a judge with only the limited powers that the circumstances require.

Guardianship is a legal process that protects the interests and rights of an incapacitated person, defined as someone who cannot manage his/her personal and/or financial affairs by themselves. Guardianship can be appointed over the person or the estate, or both, of an incapacitated person. The court may grant the guardian full authority over the person, or may grant the guardian limited authority as indicated by the person's actual abilities. Where the guardian has limited authority, the court must design the guardianship to encourage the development or maintenance of maximum self-reliance and independence in the incapacitated person. Which form of guardianship is appropriate depends upon the individual's needs.

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