Guardianships / Conservatorships
GUARDIANSHIPS:
Guardianships deal with the caring and the responsibility of a minor. There are two types of guardianships. There is a
guardianship over the person , which may occur in two instances. One instance is when the parents of a minor elect to voluntarily allow a third person, usually a relative, to take the responsibility of raising their child. A second instance is when the parents are incapable of raising their child and a third party believes that it is in the child's best interest to be raised by himself or herself.
The second type is
guardianship over the estate of a minor. This usually occurs when a minor receives assets from a deceased person either through a court procedure (probate) or is the beneficiary of a life insurance policy. If a minor receives property, that minor must have an adult placed in charge of his property.
Note: Guardianship of the estate in most instances requires representation;
CONSERVATORSHIPS:
Conservatorship of the person occurs when an adult is medically determined to be incapable of caring for his/her personal needs. A third person, usually a relative, may apply to the court to be appointed as conservator.
Conservatorship of the estate occurs when an adult is medically determined to be incapable of handling his/her financial affairs. A third person, usually a relative, may apply to the court to be appointed as conservator of the estate.
Note: Conservatorship of the Estate requires full representation.