Preparing in advance for potential future situations where you might lose the ability to make decisions is crucial.
Enduring Power of Attorney (EPA), Enduring Power of Guardianship (EPG) and an Advance Health Directive (AHD) serve as important tools for such circumstances.
A guardian is an individual who has been appointed by the probate court to make personal and/or medical decisions for another person. A guardian also has limited authority over small, routine financial matters. We most often think of a guardian of a minor child whose parents have both died, but here we are speaking of an adult who the court determines needs someone else to make some (or all) personal and medical decisions for them.
The court may determine this based on intellectual or developmental disability, mental illness, or in some cases physical disability. A legal guardian’s purpose is to protect the incapacitated adult’s rights, safety, and to the extent feasible their autonomy and independence.
A conservator is appointed to make important financial decisions on behalf of an incapacitated adult that is specifically related to money, property, and business affairs.
This is in contrast to a guardian, who has authority over personal and medical decisions and day-to-day minor financial matters; although the same person can be both a guardian and conservator, each serves a separate and distinct role in the eyes of the court when it comes to what’s in the best interests of the incapacitated adult.
Making decisions about guardianships or conservatorships can feel overwhelming, but you don’t have to face it alone. At Special Needs Legal, we provide clear guidance and compassionate support to help families protect vulnerable children, adults, and seniors who cannot make decisions for themselves. Our experienced team ensures that every step—whether appointing a guardian, establishing a conservator, or navigating court approval—is handled with care, professionalism, and respect for your loved one’s dignity.
Take the first step today to secure a safe and supportive future for those who matter most.
