When a minor child or an incapacitated adult is appointed a court-ordered guardian and conservator, the person appointed by the court has a duty and legal responsibility to act in the best interests of the protected person or ward (minor child or incapacitated adult). It can be a little overwhelming if you are suddenly appointed by the court to care for another person and manage that person’s property and affairs.
At some point in many people’s lives, they become unable to watch over their personal or financial care. In these situations, it may become necessary for someone to step in and assume certain responsibilities of care for that person. Some states call them guardians, others conservators. These individuals are charged with ensuring an incapacitated person’s medical, financial and other needs are met. With proper planning with an estate-planning attorney, guardianships can be avoided.
If you have an aging loved one who is starting to behave in an uncharacteristic manner such that you are worried about his well-being, you might be thinking about how to help him. You are mulling over whether you should have him live with you, set up assistance for him at his home, or talk with a lawyer with guardianship experience about legal options to safeguard him.