It can be necessary in some divorce proceedings to include a guardian and conservator if one or both of the spouses are unable to manage their personal affairs and property because of a clinically diagnosed impairment. This goes beyond the common complaint of divorcing couples, "My husband/wife is terrible with money!" It goes to whether a spouse has the actual ability to understand the management of his or her personal affairs and finances. When one or both spouses are lacking this level of understanding, a judge in a divorce case will want to see that neither spouse is being taken advantage of in the divorce process, and a guardian and conservator is one way to install a safeguard. Because both guardians and conservators have authority over the incapacitated spouse, subject to any limitations as set forth by the court, both can (and both are required, assuming that there is marital property) sign a divorce agreement binding the individual. If a guardian and conserv
Read about mediation, collaborative law, and divorce in Massachusetts, with content from Skylark Law & Mediation PC, Gray Jay Endeavors LLC, and Dispute Resolution Training Associates.
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