For instance, in Illinois, the Probate Act was amended in 1979 to allow a “guardian of the estate” to manage the affairs of an incapacitated individual.1 In other states, conservators are called “trustees.” Although the terms and state laws around them differ, conservators and their ...
Someone else might be the guardian, but not the conservator, of a niece or nephew who just lost both of their parents. Another person may be both the guardian and conservator of their elderly parent, which gives them the right to make most decisions (those that involve medical, financial, ...
Quite often this will typically be the case where a child, who has reached the age of majority (an "adult"), asks the court to be appointed as a guardian or conservator, because of the alleged mental disability or incapacity of a parent. Obtaining adult guardianship is not an arduous proc...
While conservator and guardian tend to be used interchangeably, their definitions can vary from state to state. Trustee A trustee is a person or institution that is legally the owner of a trust. This means that they’re responsible for managing the assets placed in the trust and need to ...
Typically a guardian (also called a conservator) is appointed when a court decides that you cannot make a decision, or if you have an illness such as Alzheimer’s disease. In this case you are physically or mentally incapable of managing your affairs. ...
The main advantage of a durable power of attorney is that it provides some security and protection for the principal if they become unable to make decisions for themselves. Without a durable power of attorney, a court can end up needing to appoint a guardian or conservator to make decisions ...
How is a guardianship or conservatorship set up? Someone interested in the individual's welfaremust file a petition in Superior Court, Probate Division, requesting appointment of a guardian or conservator. Once the petition is reviewed by the Probate Division and accepted for filing, a hearing is...
The will is handwritten or the terms aren't clear A beneficiary or heir is a minor without a guardian or conservator The court needs to supervise the entire process An heirship hearing is required Probate assets include real estate or land (real property) The decedent had a very large esta...
The laws about guardianship and conservatorship aren’t the same in every state. In some places, the terms are used interchangeably. In others, a conservator only handles finances for someone who is unable to, while a guardian can make a range of medical and personal decisions. ...
The office or position of one acting as a guardian or conservator, especially in a legal capacity. 3 Custody A keeping or guarding; care, watch, inspection, for keeping, preservation, or security. A fleet of thirty ships for the custody of the narrow seas. 3 Guardianship One who is legall...