Generally, guardianships and conservatorships are protective legal measures involving a Probate and Family Court. A guardian is a person authorized by the Court to care for an incapacitated person, and a conservator is a person authorized by the Court to safeguard an incapacitated person’s property.
If a person has been diagnosed with a condition that prevents him or her from making or communicating decisions affecting his or her health, safety, or general self-care, he or she is a legally incapacitated person. A guardian is a person authorized to make health and welfare related decisions on behalf of an incapacitated person. Guardianship is the process by which a guardian’s authority is granted to act in such capacity. A minor child is also considered to be legally incapacitated. Guardianship of a minor is the process that grants the guardian authority to care for and to make decisions on behalf of a child.
In a Conservatorship, the Court appoints a person to act as conservator to manage and administer the property of someone who has lost the ability to manage his or her own affairs. The conservator is responsible for taking charge of the protected person’s financial interests, and to use that property for the benefit of the protected person to ensure that the financial wellbeing of that person is properly managed.
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