What are the alternatives to guardianship or conservatorship?

There are several less restrictive alternatives to guardianship or conservatorship. These include the durable powers of attorney, representative payees, trusts and health care proxies. Each of these options may avoid or delay the need for a guardian. These documents need to be executed before the individual is incapable of doing so due to mental impairment.

This is a series, brought to you by Boston Attorneys Cohen & Oalican, LLP, specializing in Guardianship and Conservatorship Attorneys in Boston. Posted by Elder Law Boston Lawyer.

What are the responsibilities of the guardian or conservator?

In addition to those concerning authority to consent to medical treatment, the guardian must report back to the court regarding the ward’s care and living situation. The conservator must account carefully for all of the ward's income and any expenditures made on this or her behalf. This is accomplished by the conservator filing an inventory listing the ward's assets with the court as of the date of appointment and by filing annual accounts with the court detailing all the income and expenses the ward has. A final account must be filed when the conservatorship is terminated. The guardian and conservator are liable for their acts until the court allows (approves) the account.

This is a series, brought to you by Boston Attorneys Cohen & Oalican, LLP, specializing in Guardianship and Conservatorship Attorneys in Boston. Posted by Elder Law Boston Lawyer.

What authority does the guardian or conservator have?

Unless limited by the court, the guardian has total control over the personal decisions of the ward and the conservator has authority of all financial decisions. This includes deciding where the ward will live, determining how the ward's funds will be spent and making routine medical decisions for the ward. For medical decisions involving extraordinary medical care, nursing home admission, the administration of anti-psychotic drugs, commitment to a mental health facility or the sale of the ward's real estate, the guardian has to seek the approval of the court in a separate proceeding. The conservator must seek court authority to make any gifts or to implement an estate plan for the ward.

This is a series, brought to you by Boston Attorneys Cohen & Oalican, LLP, specializing in Guardianship and Conservatorship Attorneys in Boston. Posted by Elder Law Boston Lawyer

How long does an appointment as Guardian or Conservator last?

A temporary appointment can last 90 days. A permanent appointment may last until the death of the ward or the guardian, until the ward is able to establish that she is competent, or until the guardian or conservator resigns or is removed by the Probate Court.

This is a series, brought to you by Boston Attorneys Cohen & Oalican, LLP, specializing in Guardianship and Conservatorship Attorneys in Boston. Posted by Elder Law Boston Lawyers