Guardianship proceedings are Court proceedings where someone is appointed as the “guardian” for another person who is a minor or incapacitated. The guardian makes decisions about the ward’s well being including their living arrangements and health care. The guardian must report to the Court annually and provide a medical report.
Conservatorship proceedings are court proceedings where someone is appointed as the “conservator” for another person who is a minor or unable to handle their own financial affairs. The conservator handles the protected person’s financials and assets for the benefit of the protected person. The conservator must provide an inventory, budget and an annual accounting to the Court and interested persons.
The process of being appointed as a guardian or conservator can be quite complicated and costly. Some family members file these proceedings without the aid of an attorney, but most need legal assistance to meet all of the requirements and procedures. We can help with any of these steps or requirements.
Guardianship and Conservatorship initial procedures include:
- Filing a petition
- Giving notice to interested parties and personal service of the proceedings
- Filing an affidavit and Order acknowledging duties
- Securing appointment of a physician, investigator and attorney
- Complying with training requirements and filing training certificates
- Obtaining and filing a physician’s report
- Fingerprints may be required in some situations
- Obtaining Orders and Letters
For conservatorships there are additional requirements including:
- Posting bond and filing with the Court
- Filing a credit report
- Filing an inventory
- Preparing a budget and sustainability report
- Filing an annual accounting
Please note that these lists are not all-encompassing. There may be other steps and procedures required as many situations are unique and the law is constantly changing in this area of practice.
In some circumstances there may be an emergency situation requiring quick intervention. In those circumstances it may be possible to obtaining temporary Orders of appointment. We can assist with that process.
Our firm has licensed fiduciaries who can be appointed to act as a conservator in the event that there is not a family member able to serve as a conservator.