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.

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.

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.