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Legacy Lawyers
Legacy Lawyers
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  • Guardianship and Conservatorship

    Whether through illness, injury, or mental decline, anyone can require a guardian to care for them if they become mentally or physically incapacitated. In addition, if someone cannot manage their financial affairs, they will require a conservator. Unless the person has the proper estate planning in place that names a guardian and/or conservator, those roles must be established through the probate court process.

    For a minor child (under 18 years old), the parents will select a guardian and conservator in the event they are unable to care for the child.

Overview

Guardianship and Conservatorship involve removing somone's autonomy and transferring it to someone else, normally a loved one. Because transferring someone's personal and legal right is a really big deal, it is subject to a rigorous legal process.

Adult Guardianship

Adult guardianship is a transfer of someone's ability to make their own medical and health care choices to another individual This only occurs if a court determines enough evidence exists that the person is mentally incapacitated.

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Adult Conservatorship

Adult conservatorship is a transfer of someone's ability to make theirfinancial and legal choices to another individual. It removes their autonomy over their own affairs and is overseen by a court, normally as part of a guardianship proceeding.

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Kids Protection Planning

If you have minor children at home (or children who have special needs), you are the one that plans for their care in the event that something happens to you. If you don't, your kids may end up in foster care until a judge decides for you.

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