When Is A Guardianship Needed?
A guardianship is needed when the proposed ward, the proposed ward is the person who we are saying “this person needs a guardian,” cannot make or communicate significant responsible decisions concerning their health or safety, I usually throw in the word welfare too because that kind of wraps up some other things. That is the question that the court has to answer before it gets to the question of who should be the guardian. The court has to answer the question “can this person make or communicate responsible decisions concerning health or safety?” Conservatorship is needed, it’s basically the same standard, the question is can this person make or communicate responsible decisions concerning property. What the law doesn’t say, but it’s implied, and they have property, if they don’t own anything they don’t need a conservatorship. If your child’s only resources are SSI you do not need to be their conservator. This is important because, number one, conservators must be bonded. A bond is an insurance policy you take against yourself, in case you screw up your kid’s finances, the court will be able to recover those finances from the bonding company and the bonding company will sue you to recover what they’ve had to pay. So if you can avoid ever having to go through that, that’s a good thing. Also, you must have good credit; there are now lots of requirements for bonding, and it costs money, and it costs money every year. If you don’t need to be a conservator, better to leave that part off
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