An adult who has been found by a Court to be incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity to (i) meet the essential requirements for his health, care, safety, or therapeutic needs without the assistance or protection of a guardian or (ii) manage property or financial affairs or to provide for his or her support or the support of legal dependents without the assistance of a conservator.
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A Conservator is an individual who has obtained legal authority to manage the estate and financial affairs of an Incapacitated Adult.
A Guardian is an individual who is appointed by the Court to be responsible for the personal affairs of an Incapacitated Adult, including responsibility for making decisions regarding the person’s support, care, health, safety, habilitation, education, therapeutic treatment, and if not inconsistent with an order of commitment, regarding the person’s residence.
There are several differences between a Guardian and a Conservator; however the primary difference is that a Conservator is responsible for the financial affairs of an Incapacitated Adult whereas the Guardian is only responsible for the personal affairs of an Incapacitated Adult. Additionally, both a Guardian and a Conservator is required to file certain annual reports, however to different entities.
Yes, oftentimes, a Judge will appoint one person as Conservator and another person as Guardian over the Incapacitated Adult. The Judge may also appoint an individual to act in both capacities.
You must contact the Probate Department of the Clerk of the Circuit Court to schedule an appointment for your qualification. Appointments are required.
You must qualify before the Clerk no later than 30 days from the date of the entry of the Court Order of Appointment.