A conservatorship is a court proceeding where a person is given authority over another adult's "person" (meaning their medical care, residence and other personal matters) and/or their "estate" (meaning financial matters). A guardianship is similar, except it is over the "person" or "estate" of a minor. These proceedings are supervised by the court. The duties and authority of conservators and guardians are spelled out by law. Conservators and guardians can be held personally liable for failing to act properly under the law. It is important to know and follow the legal requirements when serving as a conservator or guardian.
When a person has a trust, a power of attorney for finances and advance health care directive in place, many times a conservatorship can be avoided. Because of the strict requirements of the law and the costs involved, it is usually best to avoid a conservatorship if you can. Consultation with an estate planning attorney who practices conservatorship can help you determine your options.
In today's society many grandparents find themselves in the position of raising their grandchildren. A grandparent guardianship is legally the same as any other guardianship. A guardianship can be useful when the grandchild's parent is not cooperating or is unavailable to assist with matters like school registration or obtaining health insurance. Many people begin to initiate guardianships without the assistance of an attorney because the forms are readily available at self help centers. However, there are costs associated with any court process and pitfalls that can be avoided if understood ahead of time. It is best to seek legal advice from an attorney who practices in guardianship before filing paperwork with the court.