The amount of the affected individual’s estate will determine the amount of the bond. The law requires strict reporting of all financial transactions to the court regardless of the size of the individual’s estate. The court may require the conservator to post a bond. All acts of a conservator must be in the best interests of the individual and their estate and assets. Depending on the specific duty, the conservator may or may not need to obtain court authorization or approval. This is done under the court’s supervision and includes protecting and preserving the individual’s estate, carefully investing their assets, keeping records of the property of the estate, and performing all other duties required under the law. When the individual’s estate and/or public benefits are not able to meet the needs of the individual, the guardian may apply for county funds to support the individual’s needs.Ī conservator is responsible for managing all the individual’s financial items. This does not mean that the guardian uses any of their own resources to provide for the individual they care for. They must ensure that the individual is living in the least restrictive setting that is available. They are to provide for the individual’s care, treatment, safety, and welfare. The guardian is required to act in the best interest of the individual. What are the responsibilities for Guardians and Conservators?Ī guardian is responsible for the care and protection of the affected individual. The court will hold a hearing and take testimony from the parties. A letter from a doctor attesting to incapacity is required. They will review a fee agreement with you at that time.Ī petition for Guardianship or Conservatorship is filed in the circuit court, probate division of the county where the affected person resides, owns property, or is currently located. The difference is that a conservator is appointed by a court to handle the financial affairs of a minor or other individual legally determined to be disabled and/or lacking the capacity to make their own financial decisions.Īfter you provide the requested information, The Whole Person (TWP) Legal Team will assess your case in full and determine if TWP can offer you our services and represent you on your Guardianship case. If it is decided that the person lacks the capacity for their own care, a guardian is appointed to make decisions for the minor or individual.Ī conservator is similar to a guardian. This determination is made after the court ascertains that a person is unable to make decisions affecting their care. Courts have held that Guardianship is appropriate if an individual lacks capacity to meet essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness or disease is likely to occur.Ī guardian is a person appointed by a court who is responsible for the care and custody of a minor or other individual who has been legally determined to be incapacitated.
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