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FREQUENTLY
ASKED QUESTIONS |
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Q.
When is Guardianship/Conservatorship needed? |
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A.
Guardianship/Conservatorship may be needed when someone is incompetent
to manage his or her own financial affairs and/or personal care,
and has no viable alternative method of delegating these duties
to another. |
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Q.
What is a Guardian? |
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A.
A guardian is responsible for making decisions about personal and
medical matters for the individual, including choices regarding
medical care, food, clothing and residence. |
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Q.
How is a Guardianship/Conservatorship established? |
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A.
A relative, friend or a public official may petition the court for
the appointment of a guardian/conservator of an individual. The
petition must contain facts establishing why the individual cannot
manage his/her financial affairs and/or make decisions concerning
his/her personal care. The petition is set for hearing and the slient
must appear in court unless medically unable to do so. A judge then
determines whether the guardianship/conservatorship is required
and what types of special powers may be granted to the guardian/conservator. |
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Q.
What are the advantages of a Guardianship/Conservatorship? |
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A.
A guardianship/conservatorship offers a higher degree of protection
to the individual than other management mechanisms. The guardian/conservator
must file an inventory which lists all the property of the client
and must file accountings with the court that reflect all transactions
involving that person's assets. Another advantage to a guardianship/conservatorship
proceeding is that it provides a structured method to assist an
incapacitated individual who may be reluctant to accept such assistance. |
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