Family Health Legal Library

Protecting Your Estate

When a Guardianship is Necessary

A guardianship or conservatorship is necessary because it involves the concept of one person caring for another who is not competent to care for their affairs themselves. In the case of children, they are, by law, considered not competent to make binding legal decisions themselves until they reach the age of majority. A guardianship for a child has nothing to do with the actual competence of the child, since the law presumes they are legally incompetent to manage their affairs until they become adults. In the case of adults, when it is determined that a person is no longer competent to care for themselves, the state, upon petition by an interested party, can order a legal process to be conducted to find a person who is competent to make decisions for the incompetent adult.

Protecting Your Estate
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