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A Conservatorship and Guardianship is a Court proceeding to appoint a third person to handle the affairs of an incapacitated adult or a minor child when both parents died or are unable to care for their children.
A Conservatorship deals with the incapacitated adult or minor person’s monies and/or real property. The Court will appoint a Conservator to manage the incapacitated person’s assets.
A Guardianship deals with making health care decisions for the incapacitated adult or minor person. The Court will appoint a Guardian to manage the incapacitated person’s assets.
A Conservatorship and Guardianship Court proceeding is the result of not planning ahead. Because both involve a Court proceeding, the attorney fees and costs are high. Also, the Court will be very restrictive and place limitations on the Conservator and Guardian’s freedom to make independent decisions.
We understand that there are circumstances where individuals do not plan ahead, and the family can be faced with a Conservatorship and/or Guardianship situation because their parent’s assets are frozen and their parents can no longer make health care decisions.