Center for Elder Law & Estate Planning

Free Consultation: 339-499-4306

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The Center For Elder Law Is Under New Management

  • Home
  • Firm Overview
  • About
    • Keri L. Guman
  • Practice Areas
    • Estate Planning
    • Elder Law
    • Probate
    • Social Security Disability Appeals
    • Lottery Representation
    • Fiduciary Services
  • Blog
  • Contact
Center for Elder Law & Estate Planning

 339-499-4306

 Email

The Center For Elder Law Is Under New Management

Empathetic Legal Guidance For You And Your Loved Ones

  1. Home
  2.  — 
  3. Estate Planning
  4.  — 
  5. Guardianships / Conservatorships

When A Loved One Loses Legal Capacity

When your elderly loved one is no longer able to take care of their finances and manage day-to-day decision-making, it may be time to seek a guardianship or conservatorship.

At Center for Elder Law & Estate Planning, we have over a century of combined legal experience and more than three decades of health and elder law practice. We understand the issues and how to effectively and compassionately resolve them to protect your loved one and their assets.

The Difference Between A Guardianship And A Conservatorship

The difference between what a guardian does and what a conservator does has to do with whether that person is in charge of protecting the elderly person, or the elderly person’s estate. In order to be deemed incapacitated, a person must be clinically diagnosed with a condition that prevents them from being able to take care of their physical needs and make financial decisions.

  1. A guardian is in charge of protecting an incapacitated person. When an elderly person does not have a durable power of attorney or health care directive and proxy, then family members may need to designate a person to be the guardian. A guardian can make routine health care decisions, but not bigger decisions such as whether to administer anti-psychotic administration medication, significant chemotherapy or electric shock therapy. A guardian is appointed via the probate court and must regularly report to the court.
  2. A conservator is in charge of protecting the elderly person’s estate after a judge decides that the elderly person cannot do it. Appointed by the court, a conservator ensures that the “protected person” has meals, clothing, shelter and medical care. A conservator can also pay bills, make investments and establish an estate plan. A conservator must obtain court approval to make larger financial transactions, such as the purchase or sale of a property.

If an elderly person has some physical and mental limitations but is still able to indicate that they need help and wishes to assign someone durable power of attorney and create a health care proxy, this can circumvent the need for a guardian or conservator.

When Is An Attorney Needed?

An attorney is assigned to the “protected person” or “incapacitated person” (this is an adversarial proceeding) when specific separate authority is sought. There are differences in the terms used for the person receiving the care:

  • The elderly person is called a “protected person” under a conservatorship.
  • The elderly person is called an “incapacitated person” under a guardianship.

Guardianship and conservatorship laws and processes vary by state and do change over time. If your loved one is in need of someone to protect them, be sure to work with an attorney who has years of experience and focus in this area of law.

Work With The Proven Massachusetts Elder Law Team

The team at Center for Elder Law & Estate Planning welcomes your estate planning and elder law questions. We are here to help, whether you need urgent health care and estate planning assistance or want to make plans for the future. Serving the greater Boston and eastern Massachusetts area. Call 339-499-4306 or send us a question or brief summary of your needs via our contact email form.

Practice Areas

  • Estate Planning
    • Asset And Wealth Preservation
    • Durable Powers Of Attorney
    • Estate Planning For Lottery Winners
    • Estate Planning Overview: Wills And Trusts
    • Estate Tax Planning
    • Guardianships / Conservatorships
    • How A Divorce Will Impact Your Estate Plan
    • Irrevocable And Revocable Trusts
    • Special Needs Trusts
    • Why Do I Need An Estate Planning Lawyer?
    • Estate Planning FAQ
  • Urgent Elder Law Overview
    • Competency And Capacity
    • Geriatric Care Manager
    • MassHealth Eligibility
    • Medicaid / MassHealth Planning
    • Medicaid / MassHealth Application Service
    • Elder Law FAQ
  • Probate Of Estates
    • Will Contests
    • Probate FAQ
  • Social Security Disability Appeals
    • Social Security Disability FAQ
  • Lottery Representation
    • Estate Planning For Lottery Winners
  • Fiduciary Services
    • Fiduciary FAQ

How Can WeHelp You?

Center for Elder Law & Estate Planning

Weymouth Address

1221 Main Street
Suite 301
Weymouth, MA 02190

  Weymouth Law Office

Lowell Address

338 Parker Street
Lowell, MA 01851

  Lowell Law Office

Phone Number

339-499-4306

Toll Free
888-784-0864

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