Guardianships and Conservatorships
Helping people care for their loved ones who have lost the ability to make legal or financial decisions on their own.
Ideally, we or our loved ones, will always have the capacity to make decisions. Yet due to age, illness, disability, or trauma any of us may lose the ability to make decisions or care for ourselves; rendering us incapacitated and in the need of help from others. If powers of attorney or health care representative designations have been set up (indicating who the individual wished to take care of them in event of incapacity), those documents maybe sufficient for the designated agent to provide care for the incapacitated individual in most circumstances. But in the absence of those documents, or in the case of family disharmony, a court may need to appoint a guardian or conservator (or both) in order to ensure the care of the incapacitated individual by the appropriate person.
Guardianships provide for the care of the individual, or their health, safety, and daily life. Conservatorships provide for the care of the individuals finances, or their income and assets. Depending on the circumstances, it may be appropriate to simply have one (either guardianship or conservatorship) or both. Since both involve taking control over aspects of a loved one’s life, they both require notice to interested parties as well as ongoing reporting and oversight with the court.
Becoming a loved one’s guardian and/or conservator, in essence their caregiver, can be a difficult and emotionally draining experience. We draw on years of legal experience as well as our own personal experiences to help you guide you as you step into the role of a loved one’s caregiver as their guardian and/or conservator. We also recognize that we may not have the answer to every situation that arises and draw on our connections in the local community to ensure that we help you find the best solution for your loved one. It is our goal to support our clients in their role as a caregiver for their loved ones and make the process as smooth as possible.