What is the right to a guardianship or conservatorship?

A guardianship or conservatorship is a legal arrangement that gives an individual the right to make decisions on behalf of another person who is not capable of making those decisions for themselves. In New Hampshire, guardianship and conservatorship are addressed through the state’s Mental Health Law. The Mental Health Law defines how and when a guardianship or conservatorship may be established. A guardianship is a court-ordered arrangement that gives an individual the authority to make decisions on behalf of a person who is determined to be legally incapacitated. In order for a guardianship to be established, a court must find that the person needing the guardianship is not capable of making sound decisions on their own. The court may then appoint a guardian to make any decisions that the person is unable to make. A conservatorship is similar to a guardianship, but it is an arrangement that allows an individual to manage the financial matters of someone who is incapacitated. The court generally appoints a conservator when a person is unable to make sound decisions regarding their finances. In either case, the court may appoint the person’s guardian or conservator, or the court can appoint a professional or other third-party to serve in these roles. Both guardianship and conservatorship are limited legal relationships, and the person named as the guardian or conservator can only make decisions that are authorized by the court. Furthermore, the guardian or conservator must always act in the best interests of the person they are appointed to serve.

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What is the right to a guardianship or conservatorship?

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