What Kind of Appointment is Necessary?
After getting all the important information from you about the incapacitated person, the lawyer will help you decide whether you need to be appointed guardian and conservator or just guardian or conservator. The decision will depend on how the incapacitated person is managing his or her personal affairs and property. If s/he has very little property and income, such as a Social Security check, perhaps only a guardianship is necessary. A representative payee, discussed in chapter Two, could be set up for the Social Security check.

The lawyer will draw up a petition asking the court to appoint you as the guardian/conservator of the person. The lawyer can also ask the court to appoint you as a full or limited guardian/conservator. A full appointment would give you total control over the incapacitated person’s life. A limited appointment would mean you have only the power to make certain decisions while the incapacitated person continues to make other decisions.

Sometimes the person's situation is such that you may need to be named the guardian or conservator immediately. The court can make a temporary appointment giving you up to 60 days to act as guardian or conservator before there is a hearing on the permanent appointment. A temporary appointment might be necessary if the person is about to lose his or her home, or his or her bank account is being depleted by a greedy child, or (s)he is in need of immediate surgery and will not consent to the surgery.