When a person is unable to care for himself or herself, whether due to a developmental, neurological, or other disability from birth, or an acquired injury or illness, it may be necessary for another person to qualify as his or her Guardian or Conservator. The Guardian has the authority to arrange for the care of the person, while the Conservator is allowed to manage the person’s financial affairs. If the person is unable to make or communicate significant responsible decisions concerning his or her health or safety, or his or her property, a Probate Court may, upon the petition of an interested party, appoint a Guardian or Conservator for the person, who is then known as the “Ward.” Guardians and Conservators must act in the best interest of their Wards.
A Guardian must provide adequately for the support, care, education, health, and welfare of the Ward and make decisions affecting the person of the Ward, including the Ward’s medical care and residential arrangements.
A Conservator must receive, collect, and make decisions affecting the property of the Ward, including management of the Ward’s income, assets, and expenses.
Counsel at The Bowden Law Firm will work with families to secure the appointment of a Guardian or Conservator to protect vulnerable persons, both minors and incapacitated adults, and then to guide Guardians and Conservators as to their respective authority and responsibilities to their Wards and to the supervising Probate Court.
