If you become incapacitated, someone must make decisions on your behalf. A family law attorney will start guardianship or conservatorship proceedings for the court to appoint a person to act in your stead regarding various matters. Since guardians and conservators are given the legal authority to perform different tasks, find out what their duties entail in the following guide. 

A Guardian Handles Healthcare Decisions

If you have a brain injury, develop severe dementia, or have another illness that incapacitates you, the court will appoint a guardian to make decisions about your medical care. This authority extends to consent for invasive procedures, permission for experimental treatments, admission to hospitals and nursing homes, and the granting or withholding of life-sustaining measures. 

The power to make monetary decisions is usually limited to handling monthly stipends and Social Security benefits to pay for basic living costs. A relative or friend can petition for guardianship, though the court often appoints an adult child, spouse, or another close family member. 

A Conservator Manages Finances

The court-appointed conservator will handle large sums of money, typically over $24,000 annually in income or benefits, on your behalf if you cannot make financial decisions. The person pays medical expenses, files taxes, and determines whether to buy, sell, or hold real estate and tangible assets. To manage accounts, they will also maintain communication with your bank and other financial institutions. 

The tasks performed are detailed in an accounting report submitted to the court. If a suitable friend or relative cannot be found to take on these responsibilities, the court can appoint a family law attorney or another counselor familiar with what the role entails.

To legalize guardianship and conservatorship documents, contact The Law Office of Edward J.S.F. Smith in Honolulu, HI. Since 1995, the family law attorney has offered legal aid to clients throughout the state. The counselor will work with the court to ensure the right person will handle your affairs if needed. Find an overview of legal services online, and call (808) 523-6936 to arrange for a consultation.