Conservatorships and Guardianships

Guardianships and conservatorships are legal interventions for parents, adult children or loved ones who want to protect and support an incapacitated family member or friend.  Guardianships and conservatorships are obtained through a court process known as a Protective Proceeding.  Our attorneys are experienced in guiding clients through every step of the process to support and protect an incapacitated individual.

We advise and assist our clients who face difficult questions regarding a child, parent or loved one who shows signs of diminished mental or physical capacity.  When in these circumstances, it is important to understand the existing options support and protect those individuals.

Guardianship

A guardianship is a method of obtaining legal custody or decision-making authority over another person’s health, well-being, and placement.  A guardian has the authority to make medical decisions and housing decisions, including placing a loved one in a medical or care facility, when that person can no longer make those decisions in their best interest or does not have the legal capacity to do so.  Often a person will have designated a healthcare representative to handle these matters.  However, if they have not, application to the court for a guardianship may be necessary.

Dick, Dick & Corey, LLP provides the following guardianship services:

• Representing people seeking guardianship of a person who can no longer manage their health and medical affairs.
• Representing people who seek guardianship of a disabled, adult child, who cannot effectively manage their medical affairs without additional support.
• Representing people who seek guardianship of a child after they have lost all living parents.
• Representing guardians after appointment by the court and assisting them with fulfilling their legal obligations.
• Representing people seeking to contest appointment of a guardian over them.

Conservatorship

A conservatorship is a court-appointed authority to handle legal and financial decisions for someone who is incapacitated.  The conservatorship also sets the terms of the authority of an individual over an incapacitated person’s finances and property.  Appointment of a conservator requires evidence that the individual cannot manage their financial resources.

Once appointed by the court, the conservator is authorized to take possession and control of the incapacitated individual’s assets and assumes responsibility for the incapacitated individual’s expenses.  The court monitors the conservator’s activities by providing training and requiring detailed reporting.

Dick, Dick & Corey, LLP provides the following conservatorship services:

• Representing people seeking conservatorship of a person who can no longer manage their assets and financial affairs.
• Representing people who seek conservatorship of a disabled adult child who cannot effectively manage their assets or financial affairs without additional support.
• Representing people who seek a conservatorship for a child who has been injured when a settlement of personal injury claim needs to be approved by the court under the legal authority of a conservator.
• Representing conservators after appointment by the court and assisting them with fulfilling their legal obligations.
• Representing people seeking to contest appointment of a conservator over them.