If a person is incapacitated and does not have a power of attorney, a guardianship and/or conservatorship must be established through the probate court. The guardian acts on the incapacitated person’s behalf to make medical decisions. Likewise, the guardian acts on the incapacitated person’s behalf to make financial decisions.

The process to obtain guardianship and conservatorship includes filing documents with the probate court, informing certain parties who are interested in the matter and attending a court hearing. In addition, guardians and conservators have continuing annual reporting duties, and the court must approve the reports. Without additional court hearings, there are restrictions on what the guardian and conservator can do.

Our office can assist with decisions on the type of guardianship or conservatorship to pursue, as well as navigating the court process.