The judge of the probate court has jurisdiction over appointment of guardians and conservators. The responsibility and power of a guardian and conservator for a minor is the same as that of a parent. For the guardian and conservator of an adult, the powers are similar to those of a minor, but the adult’s guardian an conservator also has the responsibility to respect and maintain the individual rights and dignity of the ward; be reasonably accessible to the ward; participate in legal proceedings in the name of the ward and for the support, education, care or well-being of the ward. The guardian and conservator must annually file with the probate court a personal status report concerning the ward. An adult who has a guardian and/or conservator appointed may retain certain rights, such as the right to vote, make a Will, etc., depending upon the decision of the Probate Court Judge.
Guardians for minor children are often named within a Will, but it is important to understand that the guardian named in the Will must be approved by the court.
Guardians for minor children are often named within a Will, but it is important to understand that the guardian named in the Will must be approved by the court.