In some cases it may be necessary to ask the court to appoint a guardian or conservator for a loved one if they are unable to make decisions for themselves related to their health, finances or lifestyle. The term guardian refers to a person who is responsible for choices impacting health, living situation and lifestyle. A conservator is the person appointed to protect property. A guardian or conservator may be necessary where a disabled child reaches the age of majority, or an elderly parent is afflicted with a physical or mental illness making them unable to care for themselves. We can assist you in petitioning the Court to appoint a guardian or conservator in these and related circumstances.
Occasionally it may be necessary to appoint a conservator to a minor child. In some cases minor children receive assets through an inheritance, settlement agreement, or some other way that is not placed in a trust for the minor’s benefit. Generally those assets must be managed by a court-appointed guardian or conservator. We can assist in setting up such guardianships or conservatorships where appropriate and advise the guardian or conservator with respect to their responsibilities. In some cases, it may be possible to establish a court-supervised trust as opposed to a guardianship, which may provide greater flexibility.
Guardianships and conservatorships can raise difficult situations. An aged or disabled parent may feel they do not need or want anyone to have responsibility for them. In addition, it may be difficult to determine whether your loved one qualifies for having a conservator or guardian appointed, or whether you should fill the roles of guardian or conservator. We can guide you through these difficult and sensitive situations. The focus should always be on the needs and desires of your loved one. With this focus, we can help you ensure they are well taken care of.