Guardianships - Orrin R. Onken Elder law lawyer - representing Oregonians establishing guardianships and conservatorships for elders and helping families administer trusts and estates.
In the world of probate, guardianship and conservatorship cases are called "protective proceedings." They are call that because guardianships and conservatorships are used to protect the health or the wealth of an impaired person by giving someone who is not impaired the power to make decisions for, and thus protect, the person who is disabled.
When appointed by the court, a guardian can make health care and placement decisions for the protected person. This often means placing an elder who has become disabled with dementia into a long term care facility. Having a guardian appointed for someone is a massive abridgment of most every right Americans hold most dear. Thus, there are many legal protections for a person facing a guardianship, and the courts do not grant them lightly.
A conservator is appointed by the court when an impaired person is unable to manage and protect his or her money and needs someone else to do it. A conservator collects the protected person's assets, manages them, and pays the protected persons expenses. Although the infringement on the rights of the protected person's rights is not as severe as in a guardianship, there are still strong legal protections for the protected person. After a conservator is appointed, he or she will have to post a bond and then once a year make detailed reports to the court. Conservatorships tend to be expensive, time consuming and frustrating. They should not be undertaken lightly.
For much more on guardianships and conservatorships, visit Orrin's Oregon Elder Law Blog.