There are times when a loved one is unable to care for him or herself. This could be a lifelong condition due to diminished mental capacity, or it could be something that started because of age, illness, infirmity, an accident, or any number of other reasons.

When this happens, family members typically come together to help that person with their needs, and even help them to get into assisted living facility, if necessary. Simply providing for their care is a great kindness, but it is important to make sure that it is all handled correctly from a legal perspective.

Setting up a legal guardianship and a conservatorship will allow you to legally make decisions on behalf of the individual. This also places one person in the position of responsibility for the individual so that everyone (including the State) knows that they are getting the care that they need. Legal guardian becomes personally responsible for acting in the best interests of the ward. In the eyes of the court, the guardian is a fiduciary and must act with the utmost care of the ward.