December 1, 2012
Landlord-Tenant BasicsThe Services
Guardianship/Conservatorship:
Let us help with one of life’s most difficult decisions
As family and other loved ones age, there comes an often-emotional time when you believe that this person can no longer make appropriate decisions personally or financially for themselves.
Navigating through the legal requirements of filing a petition to be appointed a guardian and/or conservator can be a difficult and tedious process. Filing the yearly reports that the Court requires can also be a complex process.
When these difficult decisions present themselves, you can turn to our Guardianship/Conservatorship specialists to help you guide the way.
Steps to take Guardianship/Conservatorship action:
- A conservatorship and/or guardianship is established through a legal action, or proceeding. An interested person can bring a legal action to be appointed a guardian of an incapacitated adult who is unable to make his or her own decisions — personally and financially.
- If the Court determines that a person is incapacitated (i.e., unable to make their own decisions) by clear and convincing evidence, then it appoints a guardian and/or conservator as a substitute decision maker.
- Once appointed, a guardian and conservator has an ethical and legal obligation to act in the best interest of the incapacitated person. Being appointed a guardian or a conservator is more than just making decisions on another person’s behalf.
- Each year a guardian and/or conservator must file status reports to the court regarding the incapacitated person’s ongoing incapacity and financial status.