FAQ

A guardian is a person who has been appointed by a court who is responsible for the well-being of another.  The Guardian will make health care and placement decisions for another person, called the ward, when the ward cannot do so themselves. 

A conservator is a person who has been appointed by a court to manage the financial affairs and property of another person, who is called the Protected Person, when the protected person cannot do so themselves.  A conservator may be appointed for a minor child who is receiving money through a lawsuit or inheritance, or for an adult who is incapacitated, missing, detained or unable to return to the United States.

A court visitor is appointed by the court to be the eyes and ears of the court when a petition is filed seeking the appointment of a guardian or a conservator. The court visitor will talk with the individual who is the subject of the proceeding.  The court visitor inform the person about the proceedings and their rights, interview the person, and submit a written report to the court. If the person that is the subject of the proceeding, called the Respondent, requests an attorney, the court is obligated to appoint one. 

Powers of attorney are important documents that can save the expense and hassle of having to go through a guardianship or conservatorship if someone becomes incapacitated or needs assistance. However, sometimes powers of attorney don’t work as well as planned if a bank or agency refuses to honor them or an elderly individual is prone to exploitation by others. However, for most people powers of attorney are very effective for avoiding the appointment of a guardian or a conservator.

If a child who is under the age of 18, will receive money from an inheritance or a personal injury settlement, the Court requires there to be a conservatorship to ensure proper management of the child’s money or asset.  A parent, grandparent or other person may file a petition with the court to be appointed conservator for the child and the court will authorize that person to manage the money or asset for the child’s best interest under court supervision.  The conservator must get Court approval to use the child’s money for the child’s benefit.