Conservatorships and Guardianships Are Sometimes Necessary, and It's Best to Have Experienced Legal Counsel to Assist You.
While conservatorships and guardianships often have a negative connotation, sometimes these proceedings are necessary to protect the rights of a person. The purpose of these types of proceedings are to protect the person (medicals, living arrangements, etc.) and the estate (financials) of either a minor (guardianship) or adult who is unable to manage his or her affairs (conservatorship).
Guardianships usually arise in the context of a minor who has lost one or both parents (whether permanently or temporarily), or has suffered an injury in which results in a significant cash settlement that must be managed on behalf of the minor.
Conservatorships, on the other hand, often involve a person who has lost his or her ability to manage their own affairs. Sometimes, a person in such a situation may already have estate planning documents which make conservatorship proceedings unnecessary—however, if there are internal disputes in the family, the estate plan may become inoperable or unworkable. Other times, the person will not have any estate plan established, and so a conservator must be appointed by the court to manage the person's affairs.
If you are considering a conservatorship or guardianship, these are the types of matters that we can assist you with:
- Establishment of Proceedings: We will assist you in the preparation of various forms to establish a conservatorship or guardianship to protect the third person. While the general process of establishing such a proceeding takes several months, we are able to seek emergency orders from the court to assist you in obtaining authority on a more immediate basis to protect the person.
- Assistance with Ongoing Administration: Our office regularly assists conservators with the ongoing administration of a conservatorship which includes the preparation and seeking of approval of periodic accountings with the court or filing petitions with the court to assist in the administration.
- Review and Evaluation of Estate Planning Documents: We can review and evaluate the estate planning documents of the person for who you are seeking to establish a conservatorship to determine if a conservatorship is the best solution for the person.
- Personal Injury Actions: We can assist with personal injury actions on behalf of a minor or disabled person to seek compensation from the third party for causing injuries to the minor or disabled person. If the injured person is a minor, it often will result in a “Minor's Compromise”, which is approved by the court.
We are ready to assist you regarding your potential conservatorship or guardianship matter. You may schedule your initial consultation directly with Giammichele Law, APC, reach out to us online, or give us a call at 949-339-1845, to discuss your matter in more detail.