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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.