Nominating a Guardian or Conservator for an Adult
Sometimes, it is necessary to appoint a guardian or a conservator for an adult. A guardian may be appointed if a court finds that the adult does not have the ability to meet the essential requirements for physical health, safety, or self-care because the adult is unable to receive and evaluate information or make or communicate decisions; the appointment is necessary to prevent significant risk of harm to the adult’s physical health, safety, or self-care; and that the adult’s identified needs cannot be met by a less restrictive alternative. A conservator may be appointed if a court finds that the adult is unable to manage their property or financial affairs because of a limitation in the adult’s ability to receive and evaluate information or make or communicate decisions, or because the adult is missing, detained, or unable to return to the United States; the appointment is necessary to avoid harm to the adult or significant dissipation of the adult’s property; and the adult’s identified needs cannot be met by a less restrictive alternative.
However, an adult with appropriate mental capacity may nominate a guardian and/or conservator in a power of attorney document that is executed before a proceeding to appoint a guardian or conservator is begun. This does not guarantee that the nominated guardian or conservator will be appointed by the court because the court may determine that there is good cause not to appoint the nominated guardian or conservator or the court may find that the nominated guardian or conservator is not qualified to serve in the nominated capacity. If the court does not make either of these determinations, the law provides that the court shall make the appointment in accordance with the adult’s most recent nomination.
If you need assistance with your estate planning matters, contact one of the attorneys in Beresford Booth’s Estate Planning and Probate Group.
To learn more about Nominating a Guardian or Conservator for an Adult, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.
