Guardianships/Conservatorships
We’ve all heard the horror stories.
Grandma gets a Facebook message from someone pretending to be her college-aged grandchild, claiming Junior was kidnapped when studying abroad and will only be released if Grandma wires $100,000 to the account information provided in the link below. All she has to do is click, enter her account number and Junior can go home.
High-school student is getting a deal on some crypto. All he has to do is transfer the account his parents said is for college and he’ll make the money double in a matter days. That sounds way easier than the landscaping gig his friend is doing.
Widowed Dad is living alone. His adult children come by to visit weekly, make sure his pill box is properly filled with his daily medications and ensure the fridge is stocked with healthy meals. The pill box is always empty when they visit, but the daily boxes are out of order and the prescription bottle is empty before the refill date. The garbage hasn’t been taken out in days and you can see a red “PAST DUE” stamp peeking out on an envelope buried in a pile of AARP magazines and pre-printed addressed labels.
Guardianships/
Conservatorships
Circumstances may arise where you, or a loved one, are no longer able to make the best decisions. Whether an injury, disability, or simple age comes into play, a guardian or conservator may be appropriate to ensure you, or a loved one is getting the best possible care so that your/their needs are met and your/their assets are properly managed.
Under guardianship, the court appoints a guardian to manage someone’s personal care decisions. This may be choosing where someone lives or what type of health care they receive. A conservatorship is similar. Rather than appointing someone to make decisions about someone’s personal care, this process appoints a “conservator” to manage another person’s financial affairs.
Both guardianships and conservatorships require annual court appearances and allow the “protected person” the opportunity to have any restricted rights reinstated if appropriate. Since these proceedings limit the rights of another person, they should not be considered lightly.
Often there are alternate methods that can meet the balance of protecting a loved one while still granting them appropriate autonomy. This can include establishing decision-making through assistive technologies, appointing temporary guardians for minors, powers of attorney and health care directives.
Schedule a meeting with one of our lawyers to discuss guardianships and conservatorship.
Whether you are a guardian or conservator yourself, or have a loved one or family member that may need a guardian or conservator appointed, we can help.