Are you caring for another person and require a Guardianship? Are you managing someone else’s money and require a Conservatorship? Are you unsure of which you need or if you need both?
Each is established when the respondent is ‘incapacitated.’ A child is deemed to be incapacitated solely by virtue of age. Adults can be incapacitated due to mental or physical illness.
A Guardianship is established if you are caring for another person. This can be a child such as a grandchild or niece or nephew or even the child of a friend. This can also be an adult who, for reasons of physical or mental illness is unable to care for himself or herself.
A Conservatorship is established if you are handling some else’s funds. Once again, Conservatorships can be established for a child or an adult.
In some instances, you might need one but not the other. For example, you may require a Guardianship if your grandchild is living with you so you can make decisions relative to his/her education and healthcare. But if the child has no income or assets, you would not need a Conservatorship. On the other hand, if you are the parent of a child who has inherited funds from a third party. You may be required to establish a Conservatorship to make certain the funds are used solely for the benefit of the child. But you would not need a Guardianship as you are already the child’s parent.
In other instances, you might need both. For example if you are caring for an elderly parent or a sick relative and must make decisions as to that person’s healthcare but also manage their bank accounts and pay their bills, then you would need both a Guardianship and Conservatorship.
At Newburyport Family Law, we assist clients in determining whether a Guardianship or Conservatorship is necessary and in petitioning the proper Court to establishing either or both.