Guardianship & Convervatorship

Article submitted by Jolene L. DeVries, Attorney at Law. For further information she can be reached at 719-275-4424.

It happens quite often when you have to request the court to appoint you as Guardian and/or Conservator for a loved one. So what is a guardian and conservator and what are your responsibilities?

A guardian is appointed by the courts to assist with the personal and medical needs of an impaired person (a/k/a the "ward"). Basically, the guardian takes care of the individual's basic needs. An impairment can be a physical illness, mental incompetency or disability. Generally a guardian can make decisions regarding housing, choosing a doctor, making medical decisions and insuring that the basic needs of an individual are being met (clothing, food, shelter, etc.). A guardian can receive income for the ward for those basic needs, but anything in excess must be delivered to the conservator.

A conservator is appointed to manage an impaired person's finances to include paying bills, managing property and all assets, providing funds to the Guardian, if one is appointed, and investing, etc.
A conservator has enormous responsibilities in assuring that the ward's financial well being is protected. In that regard, a conservator must exercise reasonable care, skill and caution.

The court oversees the guardian and conservator. Thus, yearly or quarterly reports, financial plans and accountings, must be submitted and approved by the courts. There exists great responsibility in being appointed as guardian and/or conservator which should not be taken casually since there is so much at stake. But for the impaired adult, the appointment could be a blessing.