Guardianship & Conservatorship 

Overview

When a loved one becomes unable to manage their personal or financial affairs due to age, illness, or disability, legal intervention may be necessary. Guardianships and conservatorships provide a way to protect vulnerable individuals by appointing a responsible person to make important decisions on their behalf.

  • Guardianships. This is a court action to appoint a person to make personal, medical, and daily living decisions for an incapacitated adult or a minor in need of care. This may include nominal financial decisions relative to such care, but does not include general management or control of financial assets. A Guardianship is over the person, not the person's assets.
  • Conservatorships. This is a court action to appoint a person to manage the financial affairs and assets of someone who is unable to do so for themselves.

If the individual in question has implemented a Medical Power of Attorney and Living Will, it may be possible to avoid a Guardianship. Likewise, a Trust or Financial Powers of Attorney may make it possible to avoid a Conservatorship. At the same time, if the individual is vulnerable to exploitation or there is a family dispute over the care provided, court oversight may be helpful and appropriate.  Whether you need to establish a Guardianship or Conservatorship, challenge or change an appointment, or navigate ongoing legal obligations, our firm provides seasoned guidance and advocacy to protect your loved one’s best interests. Let us help you through the legal process with clarity and confidence.

Elderly Incapacity

Aging individuals with dementia, Alzheimer’s, or other cognitive impairments may need a Guardian to manage their healthcare and daily decisions or a conservator to handle their finances.

Serious Injury or Illness

A person who suffers a traumatic brain injury, stroke, or other medical condition that impairs decision-making may need a Guardian or Conservator.

Special Needs Adults

Adults with developmental disabilities or mental health conditions may be unable to make informed decisions about their personal or financial affairs.

Financial Exploitation Prevention

Vulnerable individuals may be at risk of financial abuse or fraud from unscrupulous caregivers or family members.

Minor Children Without Parents

If parents pass away or are deemed unfit, a Guardian may be needed to provide legal care and make decisions for their minor child or children.

Family Disputes Over Care

Relatives may disagree on how an incapacitated loved one should be cared for or how their finances should be handled. We focus on resolving such disputes without going to court where possible. When that does not work, court supervision or intervention can be helpful and appropriate.

Learn More

Your Dynamic Snippet will be displayed here... This message is displayed because you did not provided both a filter and a template to use.



FAQ's