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...

When an individual is determined to be incapable of making independent decisions necessary for proper management of his or her life, a guardianship is often necessary. The form, or limits, to the scope of the guardianship (meaning what management authority is being transferred from the "incapacitated" individual to the guardian) depends on the circumstances of the individual. A guardianship may be permanent, temporary, or limited to particular decision-making authority. A guardianship does not provide for the authority to manage the incapacitated individual's assets, unless the incapacitated person's only assets stem from monthly income. In order to manage existing assets of an incapacitated individual, a conservatorship is necessary. Under a conservatorship, the incapacitated individual may actually lose the legal ability to manage their bank accounts, enter into contracts, or accrue debt, so that the conservator is responsible for these responsibilities. A con...