Wills and Estates

You acknowledge that LAWCHEK™ owns all rights, title, and interest, including and without limitation all intellectual property rights (as defined below), in and to the forms and information (including LAWCHEK™ website and brand features, including implied licenses, and excluding items licensed by LAWCHEK™ from third parties and excluding any third party property), and that you will not acquire any rights, title, or interest in or to the legal forms or information or copyrights, except as expressly set forth on the site in regard to using the legal forms for information gathering purposes. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source copyright from any LAWCHEK™ services or documentation, or create or attempt to create a substitute or similar service or product through use of or access to this website or proprietary information related thereto. You will not remove, obscure, or alter the LAWCHEK™ copyright notice, brand features, or other proprietary rights notices affixed to or contained within any LAWCHEK™ services, software, or documentation (including without limitation the use of LAWCHEK™ brand features with online legal forms, web hosting services, website html codes, or LAWCHEK™ website copyrights, as applicable). "Intellectual Property Rights" means any and all rights existing from time-to-time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations, and re-instatements thereof, now or hereafter in force and effect worldwide.  
This is not a substitute for legal advice. An attorney must be consulted. To find an attorney in your area, please CLICK HERE.

What is a guardianship?

A conservator and/or guardian is appointed to manage the affairs of a person who does not have the legal capacity to act for himself or herself. The person for whom the conservator or guardian is appointed is commonly called the "ward." The ward may be a minor but more commonly is a person advanced in age. A conservator is generally appointed as the manager of the property and financial affairs of this person. A guardian makes the decisions relating directly to the person, such as place of residence, medical care, daily activities, etc. Oftentimes, the conservator and guardian will be the same person, although this is not always the case. For example, the guardian may be a relative or close personal friend; whereas, the conservator may be a bank or financial institution.

Each state has its own state laws setting forth the procedures for the appointment of the conservator and guardian. Generally, the person wishing to be appointed as conservator or guardian must petition the court and notice must be given to the ward and any other interested parties. A court hearing is then held. If no objections are presented and the judge believes it to be in the best interest of the ward, the petitioner is appointed.  Once appointed, a conservatorship and guardianship are generally court supervised. This means that annual reports must be filed and transactions out of the normal course of daily life, such as a sale of real estate, must be court approved. This court supervision can create greater expense due to the attorney fees and annual filings required. As an alternative, a Power of Attorney executed while an individual has legal capacity, appointing an attorney-in-fact, is many times preferable to a conservatorship or guardianship. See the question on Power of Attorney for more information on this option.


This is not a substitute for legal advice.  An attorney must be consulted.
Copyright © 2021 by LAWCHEK, LTD.



Our office is located at 4211 Glass Road N.E., Suite A2 - Cedar Rapids, IA 52402
Copyright © enlighten technologies incorporated™ 1994-2021