Guardianships and Conservations

January 11, 2019

What is a Guardian?

A Guardian is a person who has been appointed by the Court to manage and handle the personal welfare decisions, health care decisions, and lifestyle decisions for an incapacitated person or minor. An incapacitated person is someone who is physically and/or mentally unable to care for him or herself, or a minor (under 19 in Alabama).

What are a Guardian’s responsibilities?

  • A Guardian of a minor ward has the same powers and responsibilities that a parent would have when it comes to the minor’s support, health, education, and general care.
  • Guardians must become or remain personally acquainted with the ward and maintain contact with the ward
  • The Guardian must report to the Court the condition of the ward as often as the Court may order.

What is a Conservator?

A Conservator is a person who has been appointed by the Court to handle the financial matters and property of a minor or incapacitated adult. The incapacitated person might have property that will be wasted, lost or misused without a Conservator.

Who can be a Conservator?

  • A person appointed under a valid durable power of attorney or Will.
  • A parent of the protected person.
  • An adult child of the protected person.
  • Any other person the Court finds is properly situated to protect the best interests of the ward.

Determining whether you need a conservator or guardian can be difficult and confusing.  It can be a daunting task to navigate the court system as well.  If you have any questions about Guardianships or Conservatorships, the lawyers at Isom Stanko & Senter are more than happy to answer them today!