Dealing with an ailing loved one is a heartbreaking experience, especially when that loved one loses the ability to care for themselves either physically or mentally. Should this occur, it’s important to consult with a family law attorney to determine the correct course of action in taking care of your loved one’s financial and personal affairs. At Lane, Felix & Raisbeck Co. L.P.A. in Cincinnati, OH, their team of lawyers have over 30 years of experience in family and probate law, and can guide you through the process of assigning a guardian or conservator.

Guardianship vs. Conservatorship: 5 Things to Know

1. Guardianship vs. Conservatorship

Guardianship and conservatorship are court orders assigned when a loved one is unable to manage their affairs. Guardianships are assigned when a person is unable to care for themselves physically on a day-to-day basis, whereas conservatorships are for when they are mentally unable to handle their financial affairs. Family law attorneys at Lane, Felix & Raisbeck Co. L.P.A. can offer advice while you deal with this difficult situation.

2. Responsibilities of a Guardian

As a guardian, you’re responsible for overseeing the care and treatment of your loved one. This includes helping them manage family and real estate affairs, as well as choosing living accommodations and medical treatment as needed.

3. Responsibilities of a Conservator

Conservators are authorized to make decisions on property, money, and estate as an “owner,” though they must adhere to certain state laws. Money can be withdrawn or used to pay bills, make investments, or enter contracts, though it must be done in the loved one’s best interest.

4. How a Guardian Is Chosen

In many cases, your loved one has already designated a guardian in their living will, which is upheld in court as long as the person is in good standing. If no one has been assigned, you or someone you think is best for the role can apply so long as you have the ability to handle the obligations. In some cases, it’s possible a co-guardianship will be assigned.

5. How a Conservator Is Chosen

Conservators are chosen similarly to guardians—they may already be designated in your loved one’s living will or chosen by a court. Conservators usually need experience handling financials, so make sure you can manage estate affairs and money if you’re in contention.

Family law attorneys at Lane, Felix & Raisbeck Co. L.P.A. can assist you through these processes and advise on any decisions that need to be made. Visit their website to learn more about their services or call (513) 922-7700 to plan ahead today.