When a person dies, his or her estate may have to go through probate, depending on what arrangements they may have had before death, such as a trust. Probate includes the filing of an Estate with the Probate Court, the Submission of a Will, if one exists, the appointment of a Personal Representative, an accounting of assets, and the distribution of the Estate.
A Conservator is a person who is appointed by the Court to care for a legally incapacitated individual, be it a vulnerable adult or a minor child, to watch over the individual’s financial matters and make decisions about property and assets owned.
A Guardian is a person appointed by the Court to act and make decisions on another person’s behalf, be it a protected person or a minor.
Both Guardianships and Conservatorships are very serious legal steps that receive close monitoring by the probate courts for an obvious reason: they take away an individual’s rights and freedom. The easiest way to differentiate between a Guardianship and a Conservatorship is that a Guardianship takes care of the person, while a Conservatorship takes care of a person’s assets. Bowen Law Offices functions in these areas of law on a daily basis. Before you attempt to go forward on your own, please contact us and set up a consultation so that you may understand the law.
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