Adult Guardianships & Conservatorships

In many circumstances, a friend or loved one requires the appointment of a guardian and conservator in order to make decisions on behalf of an incapacitated person or to manage that person’s finances and affairs.  Where this is the case, one can file a petition for an adult guardianship and conservatorship with the probate court.  An adult guardianship and conservatorship is often sought due to some infirmity, illness or incapacity, but can also be sought in circumstances involving serious substance abuse, mental health issues, or a developmental disability.

If the alleged incapacitated person opposes the appointment of the guardian or conservator, a probate court shall conduct a hearing to determine the person’s ability to make their own decisions and handle their own affairs/finances.  Legal counsel in such proceedings can be invaluable.

While preparing a comprehensive estate plan, including a Durable Power of Attorney and Patient Advocate Designation, is an excellent preventative measure against ever needing to pursue an adult guardianship or conservatorship, there are circumstances where it may be necessary even where an estate plan has been prepared.  This may include circumstances where an individual who has been granted power of attorney is alleged to have abused that power by misusing an individual’s funds or not acting in a manner consistent with the person’s wishes or best interests.

Whatever your situation, our firm can assist you in this process.