On January 15, 2015

Picking up from where Guardianships and Conservatorships: FAQs (Pt. 1) left off, here, we will answer some more commonly asked questions about guardianships and conservatorships.

More Answers about Guardianships and Conservatorships

Q – Are there different types of guardianships and conservatorships?

There are different types of guardianships and conservatorships that can be pursued. Check out these FAQs for more answers or contact us. We are here to help you.

There are different types of guardianships and conservatorships that can be pursued. Check out these FAQs for more answers or contact us. We are here to help you.

A – Yes. Guardianships and conservatorships can be as restricted or expansive in authority as the court sees fit to grant. In particular, the following are a few of the more common types of guardianships and conservatorships that can be obtained:

  • Limited guardianships and conservatorships – In these cases, the conservator or guardian (i.e., the individual or party granted the authority over a protected person) will only have the authority to make decisions regarding a discrete or specific aspect of a protected person’s life.For instance, while limited guardianships can be restricted to only making health care decisions for a protected person, limited conservatorships can be restricted to only making financial decisions related a protected person’s business.
  • Temporary guardianships and conservatorships – With temporary guardianships and conservatorships, the court will limit the term of these legal relationships to a specific, short period of time (such as 90 days). Generally, in such cases, the court will re-review the case once the period of guardianships and conservatorships is up and decide then whether or not to extend this authority.
  • Joint guardianships and conservatorships – With joint guardianships and conservatorships, two people will be granted the authority to oversee certain affairs on behalf of a protected person. Joint guardianships and conservatorships can come into play when the parents of a child, for instance, want (or need) to share this authority.

Q – Who can pursue guardianships and conservatorships?

A – Family members and/or other “interested parties” can pursue guardianships and conservatorships. Given that the term “interested parties” is broad, it can also be possible for entities (like agencies, rather than people) to seek guardianships and conservatorships.

Ultimately, however, regardless of who is seeking guardianships and conservatorships, it will be up to the court to decide whether the petitioning party should be granted such authority over a particular person.

For more answers about guardianships and conservatorships, be sure to look for the conclusion to this blog series that will be published 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.

Let’s discuss your options during 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