Guardianship and Conservatorship

If an individual has legal responsibility over minors, it is recommended that they have a plan for who would take care of them should they pass away. If a will does not state who the guardian should be, the court will decide. Usually this person would be a spouse or close relative, but this can be difficult if neither of these exist.

There are two majors reasons a guardian may be removed. If the ward is able to care for themselves or if the guardian was failing in their ability to look out for the best interests of the ward, they could be removed or replaced.

A guardian is responsible for all aspects of the ward's care, from healthcare to education to finances. A conservatorship is similar but more limited. It only involves the management of the individual's property and finances until they are able to do so. Talk to a probate attorney to learn how to take advantage of this estate planning tool.