On January 10, 2015

Guardianships and conservatorships are types of legal relationships in which one person is granted the legal authority to manage or oversee certain aspects of another’s life. While guardianships and conservatorships provide effective protections for people who may be mentally or physically impaired, they can come into play for all sorts of reasons, and they may be as limited or expansive in authority as the court sees fit to grant.

In this three-part blog series, we will answer some commonly asked questions about guardianships and conservatorships. While our responses below are purposely general, you can easily obtain more specific information and professional advice regarding your situation by contacting the trusted Denver estate planning lawyers at JR Phillips & Associates, PC. Our attorneys understand the issues and challenges in these cases and are skilled at securing guardianships and conservatorships on behalf of our clients.

Q – What is a guardianship?

Guardianships and conservatorships can be effective ways to protect impaired loved ones. Contact us for help setting up guardianships and conservatorships.

Guardianships and conservatorships can be effective ways to protect impaired loved ones. Contact us for help setting up guardianships and conservatorships.

A – A guardianship is a legal relationships in which one party (who could be an individual or agency) is granted the authority to oversee the personal affairs of some individual. While guardianships can be sought for minor children, they can also be obtained for adults.

Q – What is a conservatorship?

A – A conservatorship is also a legal relationship in which one party is granted the authority to oversee the personal affairs of a particular individual. Unlike guardianships that can encompass responsibilities for medical care and nearly any other aspect of a person’s life, conservatorships are generally limited to financial responsibilities.

In other words, with conservatorships, the authority to manage the financial affairs of a given individual will generally be the central responsibility granted.

Like guardianships, conservatorships can have broad or limited authority (depending on the circumstances of a given case), and both of these legal relationships can be limited, temporary, joint and/or full.

Q – What is a “protected person”?

A – A protected person refers to the individual who is the focus of guardianships and conservatorships. Generally, in order for guardianships and conservatorships to be granted, it will have to be proven to the court that the protected person is not capable of making reasonable decisions on his own behalf regarding any significant element of his life.

In particular, guardianships and conservatorships may be granted when it can be demonstrated to the court that the protected person cannot make decisions regarding the following (or other aspects of his life related to his physical, mental and/or financial wellbeing):

  • Health care
  • Safety
  • Financial affairs.

To get more important information about guardianships and conservatorships, be sure to check out the second and third parts of this blog series that will be posted soon.

Denver Estate Planning Attorneys at JR Phillips & Associates, PC

Do you need help obtaining guardianship or a conservatorship? If so, you can turn to the estate planning lawyers at JR Phillips & Associates, PC. We provide a thoughtful, comprehensive approach to our clients’ estate planning, elder law and other legal needs, and we take pride in helping each of our clients and their families find the best solutions for them.

To learn more about how we can help you with guardianships and conservatorships, let’s meet for an initial consultation. To schedule this meeting, call us at (303) 741-2400 or email us using the contact form at the top of this page.

From our offices in Denver, we serve clients throughout the southwest and southeast Metro Area, including (but not limited to) people in Highlands Ranch, Littleton, Castle Rock, Parker, Aurora, Greenwood Village and Englewood.

Categories: Estate Planning, Guardianships & Conservatorships