A guardianship is an involuntary trust relationship in which one party, called a guardian, acts on behalf of an individual called the ward. The guardian may be any adult person, Association, or corporation appointed by the Probate Court to assume responsibility for the care and management of the person, estate, or both of an incompetent person. An incompetent person is any person, who is so mentally impaired as a result of a mental or physical illness or disability that they are incapable of taking proper care of themselves or their property.
GUARDIANSHIP OF THE PERSON
If a person is incapable of taking proper care of
the person’s self, a guardian of the person may be appointed.
A guardian of the person has custody of, controls, and protects, the person of
the ward. If eligible, GAPS
provides a trained staff person to serve as the guardian of the person.
GUARDIANSHIP OF THE ESTATE
If a person is incapable of taking proper care of
the person’s property, a guardian of the estate may be appointed.
A guardian of the estate takes care of the estate of the ward. If eligible,
GAPS, as an agency, serves as guardian
of the estate.
CONSERVATORSHIP
A conservatorship is a voluntary trust relationship
using guardianship laws and procedures as its basis, in which
one party, know as the conservator, act with Probate Court supervision for a
competent, physically infirm adult,
known as a conservatee.