A guardianship is established when a child is
removed from the care of their parents, and the responsibility of the child’s
care is given to another individual. The guardian assumes all of the
responsibilities that a parent would possess. This may occur for several
reasons. A child’s parents may not have the financial ability to provide
adequate care for the child, or the parents may feel that another adult would
be better suited to care for the child.
In a guardianship, the individual
who has become accountable for the child has the power to make any decision
regarding that child, their upbringing, and their future. This includes
decisions that may affect their mental or physical health. For example, in a
guardianship, the guardian has the ability to agree to medical care, as well as
to counseling and therapy.
In a guardianship, the guardian
is required to provide the child with all physical necessities and is also
responsible for ensuring that the child is receiving a proper education. The
child’s guardian has the ability to decide what school the child will attend,
as well as what religion they will study. While a guardianship is most commonly
established for the care of a minor, a conservatorship usually refers to the
care of an adult who is unable to care for themselves or make effective
decisions.
The term conservatorship refers to the legal process in which an
individual, the conservator, is placed in control of another individual’s
estate. Unlike in a guardianship, in a conservatorship the conservator does not
have control over the decisions regarding the disabled’s body, health or
medical care. The conservator is only given power over the finances and
possessions of the incapacitated individual.
A conservatorship is most commonly
put into effect for elderly individuals who are not able to
make effective financial decisions for themselves or individuals who are
mentally disabled. In order to
establish a conservatorship, the individual who is looking to become the
conservator must file a petition with a court. They usually must also include
medical records that will offer proof that the person is unable to care for
themselves or make effective decisions regarding their finances.
The
incapacitated person can choose to protest the establishment of a
conservatorship. If this occurs, a court hearing will be carried out for the
purpose of determining whether or not the conservatorship is actually
necessary. The person who is petitioning to become the conservator will be
required to provide evidence that the incapacitated individual is unable to
care for themselves. If the individual that is seeking to become the disabled’s
conservator can provide sufficient proof and convince the judge that these
measures are necessary, then that individual will be placed in control of the
incapacitated’s finances.
The
conservator should use this power in order to delegate how the disabled’s money
will be spent. For example, the conservator will decide how much money to spend
on food for the incapacitated, as well as how much money to set aside for
medical care.
