Conservatorships and guardianships are often necessary resources for individuals as people age or after they experience personal medical emergencies. People who may struggle to manage their own affairs or act in their own best interests may need a guardian to oversee their daily life or a conservator to manage their resources.
Guardianships involve incapacitated individuals, while conservatorships require that an individual request support due to their inability to manage their finances adequately. In both cases, the courts consider specific people as possible candidates to serve as conservators or guardians based on current court rules.
Who can assume a position of authority to support a vulnerable adult?
Many people can pursue legal authority
Current state rules require that the courts give priority to the person selected by a struggling adult in cases involving conservatorship. However, the courts may determine that the proposed conservator cannot fulfill that duty effectively. They also cannot defer to the wishes of an incapacitated person in a guardianship scenario. The courts can also appoint a spouse, adult children, the next of kin of the struggling individual or any other suitable party as conservator or guardian.
In some cases, the courts may choose a professional who has held a caregiving role or someone working for a care facility where the individual currently resides. Especially in scenarios where there have been issues with finances, families may want to act promptly to seek legal authority to prevent those representing medical businesses from pursuing guardianship before they do.
Discussing an individual’s challenges with a skilled legal team, and learning more about current court rules, can be helpful for those who believe that guardianship or conservatorship might be necessary. An attorney often plays a key role in helping people secure the authority necessary to support someone struggling to manage their resources or consistently act in their own best interests.
