Older adults struggling with the challenges of advanced age and people with a variety of serious medical conditions may no longer be able to live as independent adults. They may require the support of professionals or family members to ensure their health, safety and financial stability.
Some older adults plan carefully for the possibility of future personal and medical challenges. Other times, their family members or caregivers must take legal action in response to their unmet needs. Concerned parties have the option of going to court to request guardianship or conservatorship in cases where people struggle to live independently.
Understanding what a guardianship or conservatorship does may make it easier for people to choose the most appropriate option.
Conservatorship is about finances
Many people are familiar with conservatorships due to stories about celebrities with mental health challenges or dementia. Conservatorships allow competent adults to manage the resources and financial obligations of individuals with compromised cognitive function. Conservatorships help preserve the resources individuals have accumulated and ensure the appropriate management of their financial obligations as well.
Guardianships are about daily life
Parents creating estate plans for the protection of their children often name guardians. Those guardians assume parental authority when parents die or become incapacitated. Adult guardianship is similar. It gives one adult control over the daily life and medical care of an adult who cannot act in their own best interests.
Both guardianships and conservatorships are potentially beneficial for people with serious medical challenges. The courts can intervene when individuals can no longer act in their own best interests. Reviewing personal concerns and family circumstances with an elder law attorney can help concerned individuals determine if guardianship or conservatorship is the better option for their circumstances.