Guardianships and Conservatorships

Sometimes, a situation arises where a person can no longer handle his/her own financial and/or personal affairs. Perhaps an elderly parent has been able to function independently at home for a long time, but an unexpected injury or illness precipitates a steep decline. Or, a relative with mental illness can no longer care for him/herself due to worsening mental health or a traumatic brain injury. Parents of children with developmental disabilities who are nearing the age of eighteen also face the issue of whether their children will be able to make their own personal, medical and financial decisions as adults.

The above circumstances illustrate common scenarios when a court is asked to appoint a family member, friend or if none are available, a professional, to act on behalf of the incapacitated individual. These protective measures are known in legal terms as guardianship and conservatorship. A conservator manages the finances of a protected person and a guardian makes personal and medical decisions. The court’s goal is to approve the least restrictive plan for each incapacitated person in order for that person to retain as much independence and decision-

making ability as possible. Guardianship and conservatorship only become necessary when delegating decision-making authority through other means such as a durable power of attorney or health care proxy is not possible, such as when the person has failed to execute such documents prior to becoming incapacitated. Conservators and guardians are held to a high level of responsibility and must make decisions that are in the best interest of the protected or incapacitated person. Conservators are required to file yearly accounts with the court and guardians must file yearly reports.

At Levine-Piro Law we handle both guardianship and conservatorship cases. We also have experience serving as the guardian or conservator in such cases. Please contact us to set up a consultation. We provide a free 15 minutes phone consultation. Our office consultations are $125 per half hour.