If your loved one is incapacitated to the extent that he is no longer able to make his own financial or legal decisions for himself and he has not executed a durable power of attorney, then you must ask that a judge appoint someone to do that for him. This person, called a conservator, will be authorized to make financial and legal decisions for the incapacitated individual. The procedure for conservatorship is almost identical to that for guardianship, and includes filing a petition, bond and medical certificate with the Probate Court.
A family member may request to be appointed, or a nursing home or other health care provider may ask that someone be named to make these decisions for an incapacitated person, often so that paying for the cost of care can be addressed. If a power of attorney has already been executed, there is usually no need for a conservatorship proceeding. For a disabled child who is turning 18, Harvey Law Offices works closely with the child’s parents and health care providers and teachers to determine the appropriate level of conservatorship that will be required.