LEVINE PIRO LAW BY :MELLISA LEVINE PIRO
GUARDIANSHIPS Sometimes, a situation arises where a person can no longer handle his/her own financial and/or personal affairs. Perhaps an elderly parent has been able to function independently at home for a long time, but an unexpected injury or illness precipitates a steep decline
Conservatorships
The above circumstances illustrate common scenarios when a court is asked to appoint a family member, friend or if none are available, a professional, to act on behalf of the incapacitated individual. These protective measures are known in legal terms as guardianship and conservatorship. A conservator manages the finances of a protected person and a guardian makes personal and medical decisions. The court’s goal is to approve the least restrictive plan for each incapacitated person in order for that person to retain as much independence and decision-making ability as possible
CARE TAKING PRESPECTIVE Conservatorship and guardianship only become necessary when delegating decision-making authority through other means such as a durable power of attorney or health care proxy is not possible, such as when the person has failed to execute such documents prior to becoming incapacitated. Conservators and guardians are held to a high level of responsibility and must make decisions that are in the best interest of the protected or incapacitated person. Conservators are required to file yearly accounts with the court and guardians must file yearly reports.
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