Guardianship vs. Conservatorship

[Anne Robertson]

I am new to this and a bit confused - have patience with me. I would like to know if there is some way of blocking a parent from changing power of attorneys without having her declared incompetent. She is understands well enough who has her best interests when you are talking to her, but forgets quickly when the evil one plays her for control. She lives in New Jersey. Also, what is conservatorship?

 

[seniorjudge]

Q: I would like to know if there is some way of blocking a parent from changing power of attorneys without having her declared incompetent.

A: None that I know of.

 

[seniorjudge]

Definitions of guardianship on the Web:

* care: attention and management implying responsibility for safety; "he is in the care of a bodyguard"
* the responsibility of a guardian or keeper; "he left his car in my keeping"
wordnet.princeton.edu/perl/webwn

* The office or position of one acting as a guardian or conservator, especially in a legal capacity
en.wiktionary.org/wiki/guardianship

* The legal responsibility for the care of a minor child.
andreasenwealthmanagement.com/Glossary.htm

* A legal appointment granting an individual the legal right to do business for a member or minor (similar to a power of attorney). ...
Glossary of Terms

* A legal process in which an adult is appointed by the court to make decisions about another person’s residence, health and general care and well being. The Court must determine that the protected person is legally incapacitated. ...
Glossary Oregon Technical Assistance Corporation

* A guardianship is a protective arrangement covering the personal and medical well being of a minor or a mentally incapacitated adult.
Guardianship and Conservatorships - Glossary

* persons. The power or protective authority given by law, and imposed on an individual who is free and in the enjoyment of his rights, over one ...
www.new-york-lawyer.ws/law-dictionary/gratis.htm

* The care and legal responsibility that a mature adult assumes for a person with a disability (eg, mental retardation, mental illness) with respect to the individual's physical (as in consenting to surgery) and contractual or fiscal affairs. ...
Parent Support for Children with Challenges - Definitions - G

* the court-administered process whereby an individual or institution is given control over a person. Used for children (under 18 in California) and incompetent persons.
www.dianedeforest.com/id11.html

* An individual or organization granted legal accountability for a child by a court order.
www.california-juvenile-crimes.com/juvenile_crime_terms.shtml

* A guardianship is a legal arrangement where one person (the guardian) has the legal right and duty to care for another person and that person' ...
Illinois Legal terms dictionary

 

[seniorjudge]

Definitions of conservatorship on the Web:

* A legal process in which an adult is appointed by the Court to make financial decisions for another person who is determined to be financially ...
Glossary Oregon Technical Assistance Corporation

* A Conservatorship or adult guardianship is the legal process by which someone is appointed by a Court to make financial and medical decisions for you if you are incapacitated or disabled.
The Bailey Law Firm - Legal Terms

* In many states, this term is synonymous with guardianship. In Virginia, it is important to note that a conservatorship only provides for financial and property management. It does not allow for decision making as to an individuals personal or medical needs.
Guardianship and Conservatorships - Glossary

* A conservatorship is created by a court to manage the property of a person who lacks the capacity to manage his or her own property.
www.banknews.com/Glossary-Of-Terms.21.0.html

* An arrangement by which a court appoints a person to assist another person and be accountable to the court. ...
glossary 11899

* A state of affairs in which a bank or savings and loan association has been taken over by the FDIC or RTC and is being managed by these federal institutions, either directly or through hired managers. ...
Foreclosure Glossary : Capital Gain >> Current Value

* A conservatorship is an entity established by court order that some property or a person be subject to the legal control of another person or ...
en.wikipedia.org/wiki/Conservatorship

* The legal status of a conservator, similar to guardianship or trusteeship
en.wiktionary.org/wiki/conservatorship

* A court controlled program where a conservator is appointed by the court to manage the monetary affairs of a person(s) who is unable to manage his ...
Asset Protection and Estate Planning Glossary

 

[seniorjudge]

Basically...

a guardian takes care of the PERSON and a conservator takes care of the STUFF.

It really depends on how your state defines these two terms.

 

[training2go]

Hello,

This thread started with a person from nj, so I hope that I am posting this in the right place.

In NJ is there a difference between a guardian and a conservator?

When I asked the lawyer he said that my mother did not beed a guardian, just a conservator and that the latter was much less expensive and time consuming.

I can't tell by what you wrote below if they are the same in NJ or not, but based on what you wrote, I am doing both because I am paying her bills, taking her every place she needs to go. We live together. I do all of the cooking, laundry, etc, etc. Would that make me a guardian or conservator and what should I apply for.

If I sound confused, it's because at this point, I am.

Thank you.

Basically...

a guardian takes care of the PERSON and a conservator takes care of the STUFF.

It really depends on how your state defines these two terms.

 

[BlondiePB]

Hello,

This thread started with a person from nj, so I hope that I am posting this in the right place.

In NJ is there a difference between a guardian and a conservator?

It depends on what state one lives in and what or who is appointed by a court.

When I asked the lawyer he said that my mother did not beed a guardian, just a conservator and that the latter was much less expensive and time consuming.

The process is the same.

I can't tell by what you wrote below if they are the same in NJ or not, but based on what you wrote, I am doing both because I am paying her bills, taking her every place she needs to go. We live together. I do all of the cooking, laundry, etc, etc. Would that make me a guardian or conservator

Have you been appointed by a court?

and what should I apply for.

Perhaps nothing. Is your mother competent? Has mom granted you both Durable POA and a medical POA?

If I sound confused, it's because at this point, I am.

Let's see if I can uncofuse you.

Thank you

You're welcome.

 

[training2go]

I live in NJ.

I was led to believe that the process was different, as are the costs. I was told that conservatorship only requires one doctor to sign off and guardianship requires two doctors.

Does it cost more to obtain guardianship in NJ?

No, I have not been appointed by a court.

Overall my mother is competent. She always knows that her other child is causing her problems and that she wants the problems to go away. Last week when protective svcs and the police came, my mother told them that her other child was lying, that there is nothing wrong, did not need their help, for them to go and investigate her other child and to leave her alone. I left the profanity out of what my mother said in this message, but that was included in what my mother said.

Yes, I have both, durable poa and medical poa.

When my mother was taken to sign a new deed, she was also given paperwork giving that child poa and a new will.

My mother has since had that will and poa revoked.

At the end of the day, I want 2 things:

1) to have my mothers other childs name removed from the deed of a house that I co-owned before the new deed was written that I was not aware of

and

2) to have protective services stop harassing me and my mother because they keep listening to a person that is lying on their mother and making false accusations.

if the only way to accomplish this is a conservatorship or guardianship, then I will gladly, continue down that road.


I hope that I answered your questions thoroughly enough. If not, please let me know.

Thank you

It depends on what state one lives in and what or who is appointed by a court.


The process is the same.

Have you been appointed by a court?

Perhaps nothing. Is your mother competent? Has mom granted you both Durable POA and a medical POA?

Let's see if I can uncofuse you.

You're welcome.

 

[BlondiePB]

I live in NJ.

I was led to believe that the process was different, as are the costs. I was told that conservatorship only requires one doctor to sign off and guardianship requires two doctors.

Does it cost more to obtain guardianship in NJ?

No, I have not been appointed by a court.

Overall my mother is competent. She always knows that her other child is causing her problems and that she wants the problems to go away. Last week when protective svcs and the police came, my mother told them that her other child was lying, that there is nothing wrong, did not need their help, for them to go and investigate her other child and to leave her alone. I left the profanity out of what my mother said in this message, but that was included in what my mother said.

Yes, I have both, durable poa and medical poa.

When my mother was taken to sign a new deed, she was also given paperwork giving that child poa and a new will.

My mother has since had that will and poa revoked.

At the end of the day, I want 2 things:

1) to have my mothers other childs name removed from the deed of a house that I co-owned before the new deed was written that I was not aware of

and

2) to have protective services stop harassing me and my mother because they keep listening to a person that is lying on their mother and making false accusations.

if the only way to accomplish this is a conservatorship or guardianship, then I will gladly, continue down that road.


I hope that I answered your questions thoroughly enough. If not, please let me know.

Thank you

Being mom's guardian/conservator will not stop APS from coming out every time your squibbling makes a report to them. APS is required by law to investigate all reports. APS cannot just ignore the law just because your squibbling keeps calling them.

Depending on one's state is what term(s) are used.

Guardianships/Conservatorships can be limited (over either the person or the person's property) or plenary (over both the person and the person's property).

The court ordered appointment will state guardian/conservator of the person, guardian/conservator of a person's estate (property), plenary guardian/conservator or guardian/conservator of a person and person's estate.

Some states use conservator of estate when the court appoints an entity (i.e. bank) rather than a specific person. Some states use conservator for adults and guardian when the person is a minor. Also in cases of minors, the minor will have appointed guardian of the person and consevator of the minor's estate (i.e. when the minor has assests awarded via being a beneficiary).

You stated on another thread that mom has dementia. Due to all the chaos and the judge dismissing a guardianship case your squibbling started, it is apparent that (at that time) the judge determined that your mother is competent.

You and mom can check into a voluntary guardian/conservator over her estate. Getting the deed changed back is going to require an attorney. Find one that specializes in elder abuse.

P.S. Squibbling = squabbling sibling. Until you are appointed by a court, you are neither mom's guardian nor conservator.

 

[training2go]

We are in NJ.
My mother wants a conservator - me, which is what was partially filed before, but now the process has to start over.

Yes, I understand that getting conservatorship will not stop APS, but something has to because it is harassment. They know that they are being lied to by the "squibbling" calling them. I like that word.

So I need to look for another lawyer that specializes in elder abuse?
Is that an easier route then me filing a law suit because I was not informed prior to the deed being signed that it was happening?

Thank you.

Being mom's guardian/conservator will not stop APS from coming out every time your squibbling makes a report to them. APS is required by law to investigate all reports. APS cannot just ignore the law just because your squibbling keeps calling them.

Depending on one's state is what term(s) are used.

Guardianships/Conservatorships can be limited (over either the person or the person's property) or plenary (over both the person and the person's property).

The court ordered appointment will state guardian/conservator of the person, guardian/conservator of a person's estate (property), plenary guardian/conservator or guardian/conservator of a person and person's estate.

Some states use conservator of estate when the court appoints an entity (i.e. bank) rather than a specific person. Some states use conservator for adults and guardian when the person is a minor. Also in cases of minors, the minor will have appointed guardian of the person and consevator of the minor's estate (i.e. when the minor has assests awarded via being a beneficiary).

You stated on another thread that mom has dementia. Due to all the chaos and the judge dismissing a guardianship case your squibbling started, it is apparent that (at that time) the judge determined that your mother is competent.

You and mom can check into a voluntary guardian/conservator over her estate. Getting the deed changed back is going to require an attorney. Find one that specializes in elder abuse.

P.S. Squibbling = squabbling sibling. Until you are appointed by a court, you are neither mom's guardian nor conservator.