Guardianships are Court proceedings where someone is appointed as the “guardian” for another person who is a minor or is incapacitated. The guardian makes decisions about the person’s well-being including their living arrangements and health care. The guardian must report to the Court annually and provide a medical report.
Conservatorships 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 finances 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 complicated and costly. We will provide legal assistance to help you meet all of the requirements of being a guardian conservator.
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. We have many years of experience to guide you through the process.
In some circumstances, there may be an emergency situation requiring quick intervention. In those circumstances, it may be possible to obtaining a temporary appointment. We can assist with that process.
Our firm works closely with 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.