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Steve Bliss Law San Dieg oEstate Planning Attorney

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Map:

Address: 3914 Murphy Canyon Rd a202, San Diego, CA 92123
Phone: (858) 278-2800

Principal Differences

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Guardianships and conservatorships might be the same or might be really various, depending on state laws. When these two terms are not interchangeable, a guardianship is usually a legal relationship in which the guardian can make crucial decisions about the ward’s health, security and house. Conservatorships are usually relating to only the conservator’s function to safeguard the properties and income of the ward. In some states, a guardian handles the individual and financial affairs. One guardian may be selected for financial affairs while another may be appointed for personal affairs.

Factors for Guardianships

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Guardianships may be preferred when an individual loses capability to make noise choices concerning his or her own health or safety. Individuals with dementia, Alzheimer’s, distressing brain injuries, physical impairments or psychological health issues might have difficulty managing by themselves. They may have trouble making choices regarding their living plans, medical treatment and individual care. A partner, adult kid, other relative or other worried person might petition for guardianship. A guardianship is especially crucial when there is not a health care power of attorney on hand and no clear individual’s guidelines to follow.

Factors for Conservatorships

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Conservatorships are often looked for when the main concerns are relating to cash matters. The individual might not be able to pay bills any longer. She or he may squander money because of lottery game frauds or other monetary rip-offs.

Duties

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A guardian might be responsible for arranging the ward’s living arrangements and making plans for his/her medical, psychological and dental care. Some states do not permit a guardian to offer the ward’s home absent a different court order to this effect. Some states do not allow a guardian to move the ward into a nursing home without court approval. Furthermore, states may restrict the kinds of medical choices that a guardian can make about a ward.

Appointment of a Guardian or Conservator

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State laws determine how guardians or conservators are designated. A person may have the ability to choose a guardian or conservator in a power of attorney or other document that mentions his/her dreams. She or he might also be able to consent to a conservatorship or guardianship.

Alternatives to Guardianship or Conservatorship

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There might be other legal alternatives to guardianship or conservatorship. A power of attorney allows the called person to handle an individual’s financial affairs for him or her. A power of attorney for healthcare allows the named representative to make medical choices in case the person can not make these choices personally. A living revocable trust can provide directions to be followed in case an individual becomes incapacitated.

Contact an Estate Planning Lawyer for Assistance

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An estate planning attorney can talk about whether a guardianship, conservatorship or other alternative is suitable in your scenario, based on the particular situations included.