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Guardianships and Conservatorships

Guardianships and conservatorships are sometimes created by courts for people without a thorough end-of-life plan.  Guardians are appointed to make medical and mental health decisions on behalf of people who have become incapacitated.  Conservators are appointed to make financial and legal decisions on behalf of people who have become incapacitated.

A family member generally petitions the court to have a guardian and/or conservator appointed when it is clear that their loved one is no longer able to make important decisions.  With input from the family member, the court may establish a guardianship and/or conservatorship and then provide oversight for as long as they remain in effect.  While guardianships and conservatorships certainly have their place, most people prefer to decide personally who will handle their affairs.  Guardianships and conservatorships can be avoided by creating the appropriate powers of attorney before the need for assistance arises.  For more information see the section devoted specifically to guardianships and conservatorships.

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