Probate Court has exclusive jurisdiction to award guardianships and conservatorships. A guardian and conservator may be appointed to protect the welfare of minor children, incapacitated adults, mentally ill adults, and the elderly. After a hearing, the Probate Court will determine if a guardian or conservator is necessary.
The powers and duties of both guardians and conservators are governed by statute and the court’s orders. The guardian is typically in charge of the person and makes decisions regarding the care, medical treatment, legal obligations, etc., of the incapacitated individual. The conservator typically is in charge of the monies and the finances of the incapacitated individual. Both individuals are required to report to the court, sometimes on an annual basis, depending on the type of role assigned by the court.
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