FAQs About Guardianships And Conservatorships
I am lawyer Wilson C. Pasley. From my Roanoke office, I assist people throughout the surrounding areas of Virginia with estate planning issues and family law concerns. Among other things, I am well-equipped to answer your questions about guardianships and conservatorships.
Here are a few frequently asked questions:
What’s the difference between a guardianship and a conservatorship?
A conservator is appointed by the court to manage another person’s estate or financial affairs. A guardian, on the other hand, is appointed by the court to manage personal affairs such as health care, education and housing.
Are they only for the elderly?
Legal guardianships and conservatorships are commonly used in situations where an elderly parent is suffering from dementia or Alzheimer’s. However, they aren’t limited to that use. Many times, parents who have adult children with Down syndrome or other special needs will also need to be appointed as guardians or conservators for their children.
I’m already taking care of a family member. Do I really need to go to court?
Although you can certainly care for your loved ones on your own, unless you have an appropriate durable power of attorney, you will need to go through the Virginia circuit court if you want to close a loved one’s bank account, file income taxes and accomplish many other tasks.
What do I need to prove to be appointed as a guardian or conservator?
To obtain a guardianship or conservatorship for a loved one, you must show that he or she is incapacitated. This means that he or she lacks the ability to meet his or her own needs without someone else’s protection or assistance.