How are conservators and guardians assigned?

| Dec 28, 2018 | Guardianships and Conservatorships

One of the main functions of probate courts in Connecticut is the assignment of conservators and guardians for people who cannot legally handle their own affairs. Both positions carry a lot of power over a person’s life, and they carry a lot of responsibility. As a result, courts take the assignment of conservators and guardians very seriously.

  • What is the difference between a conservator and a guardian?

A guardian is required for a minor up to the age of 18, while a conservator takes care of affairs for an adult who is incapable of doing so because of mental incapacity or medical disability. A probate court cannot rule on either appointment until the subject has lived in Connecticut for six months or more.

  • What if a person needs a conservator upon turning 18?

If a minor has a permanent disability and it is predictable that he or she will require a conservator for some period of time after attaining the age of 18, a guardian may begin the process of filing for a conservatorship. However, a court cannot rule on the matter until the subject turns 18 years of age.

  • What is required to apply for a conservatorship?

The applicant must pay the petition fee to the probate court with jurisdiction. An attorney of some kind is required to represent the applicant’s interests, so petitioners should consider involving a lawyer in the process as soon as possible. Legal representation can help future conservators and guardians figure out the best details for a filing at the earliest possible times.