Guardianships & Conservators

  • Incapacitated Adults

When an accident, illness or age renders a person unable to make decisions on his or her own, a friend or family member can ask the Court to hold a hearing to determine:

  • Whether the person is legally incapacitated; and
  • Who should be appointed to help the incapacitated person with decisions regarding their health, living arrangements and finances.

Guardianship for Incapacitated Adult –

Also known as the Guardian of the Person, the Guardian makes personal decisions regarding the incapacitated persons living arrangements and healthcare.

Conservatorship for Incapacitated Adult —

Also known as the Guardian of the Property, the Conservator handles the incapacitated persons finances.

  • Guardianship of Minor Children
    • When a child under 18 inherits money, someone must qualify with the County to serve as the Guardian of the Property of the Minor. This person must manage and preserve the minor’s assets until they reach 18 years of age.
  • Ongoing Responsibilities
    • The law imposes strict duties and filing requirements on Guardians and Conservators. If you are serving as a Guardian and/or Conservator, Tomac & Tomac can assist you with understanding your responsibilities and preparing and filing the necessary reports.
Samantha Schmeltzer