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Maine Joined Acceptance of Appointment as Guardian and Conservator of Incapacitated or Protected Person

State:
Maine
Control #:
ME-AR-178-14
Format:
PDF
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A13 Joined Acceptance of Appointment as Guardian and Conservator of Incapacitated or Protected Person

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FAQ

States generally provide guardians with broad statutory authority to make healthcare decisions for individuals under their care.For such decisions, state guardianship statutes may require court approval, but these restrictions vary broadly across states.

A Guardian usually signs legal documents on behalf of the Ward, chooses an appropriate living situation for the Ward, and grants, withholds, and withdraws consent to medical treatment. In most situations, it is necessary to disclose the Guardian/Ward relationship.

The conservator has the power to collect all the conservatee's assets, pay bills, make investments, etc. The conservator must seek court supervision for major transactions, such as purchase or sale of property, borrowing money, or gifting of assets.

Fix the residence or specific dwelling of the young adult child. Have access to the confidential records and papers of the young adult child. Control the right of the young adult child's right to enter into contracts. Give or withhold medical consent regarding the young adult child.

In California, guardianship refers only to the court appointment of an individual with the legal authority to represent and manage the affairs of a minor child. Conservatorships are for protecting incapacitated adults and typically involve matters related to health care and estate.

Conservators have court-ordered authority and responsibility to manage the affairs of those who can no longer make their own decisions about finances or health care.However, if no planning has been done -- a common situation -- then family members must ask a court to appoint a conservator or guardian.

Guardianship Versus Conservatorship What Is the Difference?A guardian of the person is responsible for decisions about care provisions and living arrangements of the ward. A guardian of the estate, also known as a conservator, is charged with the ward's property and financial affairs.

A Conservator likewise can sign documents and can approve actions within the scope of their court granted powers, or pursuant to a Court Order authorizing a particular transaction. Only a Conservator of the Estate of an incapacitated person can sign a will on behalf of the conserved person.

In California, guardianship refers only to the court appointment of an individual with the legal authority to represent and manage the affairs of a minor child. Conservatorships are for protecting incapacitated adults and typically involve matters related to health care and estate.

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Maine Joined Acceptance of Appointment as Guardian and Conservator of Incapacitated or Protected Person