Guardianship

A Probate Court process of appointing a guardian to handle the personal affairs (personal needs, residence, and medical treatment) of an incapacitated person (adult) or ward (minor);

A Petition for Guardianship requires a medical certificate from the treating physician that the incapacitated person is either:

  • Mentally incompetent; or
  • Mentally retarded or disabled; or
  • A minor; or
  • Suffers from severe dementia, Alzheimers disease or other disease;

The same person may be appointed both conservator and guardian;

The Guardianship appointment can be temporary, permanent, limited or special;

A Guardian does not handle money or finances

Rogers Guardianship

The incapacitated person or minor is also prescribed anti-psychotic medications which require monitoring;

A person is appointed to monitor the administration of the anti-psychotic medications according to the court-approved treatment plan, and to report to the Probate Court annually.

Conservatorship

A Probate Court process of appointing a conservator to deal with the property and finances of a protected person;

The conservator does not deal with protected person's personal affairs (personal needs, residence, and medical treatment );

The same person may be appointed both conservator and guardian;

A Petition for Conservatorship requires a medical certificate from the treating physician that the person to be protected is either:

  • Mentally weak; or
  • Physically incapacitated; or
  • Mentally retarded or disabled.

A Conservatorship appointment can be temporary, permanent, limited or special for a single transaction.

Header photos provided by Tom Hannon & Design Principles. Site designed by Design Principles.
©2006 - 2017 Delaney & Muncey, P.C.