Conservatorship Versus Guardianship Without Court
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FAQ
The pros are that a conservatorship provides the greatest flexibility in being able to manage the changing needs of the subject person, arranging long term care, housing and being able to contract with providers as needed. As for the cons, conservatorships are time-consuming and expensive.
Costs start at $435. You will also need to pay a fee for an investigation. If the adult who may need a conservatorship can't afford the fees, you can apply for a fee waiver. It takes at least 1 month to get a court date to become a conservator.
One disadvantage of a conservatorship is the cost. Court supervision is somewhat of a two-edged sword. Supervision provides better protection, but it also increases the cost. Since the court remains involved in the proceedings after the conservatorship has been established, the costs can be significant.
Under South Dakota law, a ?guardian? has authority over personal and healthcare decisions while a ?conservator? has authority over the protected person's property and financial affairs.
In California, parents can sign a Guardianship Authorization Affidavit. This form gives a relative permission to make decisions about the child's education and medical care, or a non-relative permission to make decisions about education and school-related medical care.