Guardianship and Conservatorshipprint
When a person becomes incapable of managing their own healthcare and daily needs, a loved one must often take on matters, such as paying bills, addressing medical concerns, and managing other day-to-day needs. However, if proper planning is not implemented, the family must proceed through a court procedure to establish a guardianship and conservatorship.
Appointing a Guardian or Conservator
There is a specific adversarial process that the court follows to ensure the individual being declared incompetent is protected. We offer support and guidance to help families through this process, minimizing expense and frustration. When an individual is declared incompetent and incapable of managing their individual needs, a conservator and/or guardian may be appointed to maintain their needs.
Guardianship: A guardianship allows an appointed individual to manage all decisions regarding the person. These needs can range from managing medical treatment and daily care to residence and other personal needs.
Conservatorship: A conservatorship allows an appointed individual to manage all financial-related decisions of the individual. This may include issues such as public benefits, estate planning, litigation, and other matters involving the individual’s income and assets.
There are many potential reasons to create a guardianship or conservatorship. We frequently help families with unique circumstances that require this court-appointed relationship, such as:
- Parents of adult children with special needs
- Families with a loved one who becomes mentally disabled
- Families of individuals with terminal illness
- Families of elderly who become incapacitated
- Families of minor children whose parents have suddenly died
Proactive planning is often the preferred method for individuals to appoint loved ones to manage future decisions. However, when a loved one becomes incompetent before healthcare powers of attorney or financial powers of attorney are created, the family must comply with the court process to create guardianships and conservatorships.