Guardianship/Conservatorship
Guardianship/ Conservatorship
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, Alzheimer’s 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 the 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.