It’s easy to confuse guardianships and conservatorships because the meaning of the terms varies from state to state. It’s important to understand the differences between a conservatorship and a guardianship and the different legal processes that come with each. Depending on your situation, one arrangement will likely be more suitable than the other.
A conservatorship provides an adult with the legal authority to make financial decisions on behalf of another adult who has mental or physical limitations or an estate. This arrangement is most common for elderly adults or those with disabilities.
Meanwhile, adult guardianship grants an adult legal authority to make day-to-day decisions for incapacitated adults, operating similarly to a conservatorship. The guardian can be a guardian of the person or the estate.
In both conservatorships and guardianships, a person can be a conservator or guardian of a person or of an estate. A conservator or guardian of a person is responsible for making medical and personal decisions for their conservatee or ward. Meanwhile, a conservator or guardian of an estate only handles financial matters.
In the event that an adult is, or suddenly becomes, incapacitated, a conservatorship can be helpful for giving a trusted individual control over their affairs. A skilled attorney can provide guidance on the type of conservatorship that would be the most beneficial for the situation and how to navigate the process of establishing one.
In some circumstances, elderly individuals may struggle to make financial decisions on their own due to age or mental incapacity. A conservator or guardian provides support in making these decisions with the best interest of these individuals in mind. An attorney will be able to provide guidance in navigating the steps to establish a conservatorship that promotes the individual’s well-being.
In a conservatorship or guardianship, disputes may arise surrounding a range of potential concerns. For example, there may be disagreements around the distribution of the vulnerable individual’s assets among heirs or surrounding the actions of the conservator or guardian. A conservatorship/guardianship attorney can offer representation in either defending against or establishing the legitimacy of disputes.
From understanding the responsibilities of a conservator/guardian to managing the documentation required by the court, conservators/guardians must consider several important factors to remain aligned with the law. It can be difficult to navigate these processes alone. At RMO Lawyers, we can offer our legal expertise to support conservators/guardians and other interested parties in sustaining a successful arrangement.
Conservators/guardians must report back to the court periodically to demonstrate that they are acting within the conservatee’s best interests and not taking advantage. Our attorneys can assist in gathering the appropriate documentation and preparing to go before the court.
Navigating a conservatorship or guardianship? RMO attorneys provide personal and efficient legal services for contested conservatorship and guardianship matters in California and Texas.
From obtaining a conservatorship or guardianship to terminating one of these arrangements, there are many matters where an attorney can be helpful in supporting vulnerable individuals and their loved ones. We assist clients in all of the following conservatorship and guardianship matters and more in California and Texas.
At RMO Lawyers, our litigation team may provide support in all the following scenarios.
To establish a conservatorship or guardianship, specific legal procedures must be followed. RMO Lawyers can guide you through each step:
Because the duties of conservators and guardians can be time-consuming and complicated, a conservatorship or guardianship attorney will be appointed. This may be the best choice in many cases because conservators and guardians will need to attend court hearings, keep detailed records, and file papers with the court on a regular basis.
Conservators and guardians are reimbursed for any expenses they incur, as well as being paid for the services they render. Payments come from the assets of the person they are taking care of and must be deemed reasonable by the court.
A conservator or guardian must keep performing their duties until released by the court through an order ending their responsibilities. This will generally happen with the conservatee or ward dies, no longer needs assistance, or if their assets have been depleted to the point they can no longer sustain the expenses associated with a conservatorship or guardianship.
At RMO Lawyers, we have experience in supporting several different interested parties surrounding conservatorship or guardianship. Our conservatorship and guardianship attorneys support clients in a variety of circumstances in navigating these legal arrangements.
A conservator or guardian is a person appointed by the court to make financial or medical decisions on behalf of a conservatee or ward when they struggle to provide care for themselves. Our attorneys provide support for conservators and guardians in navigating the necessary legal procedures to ensure the best interests of the conservatee.
A private professional fiduciary is a licensed, third-party professional who can be appointed as a conservator when family dynamics make it difficult to appoint family members. As with any conservatorship, the professional is expected to act within the best interests of the conservatee. RMO Lawyers can provide representation for navigating the legal processes of a conservatorship or offer defense in the event of accusations of wrongdoing.
If an adult has a trust, a trustee is the person responsible for managing the trust’s assets. A trust document can defeat the need for a conservatorship of the estate, or the trustee may have priority to act as the conservator. Our attorneys can support trustees in navigating legal processes or disputing claims of breach of fiduciary duty.
Answers to common questions about conservatorships & guardianships, helping you better understand your rights and the legal processes involved in protecting your interests.
Many families ask us when a guardianship or conservatorship is necessary. While this answer varies from individual to individual, it typically becomes necessary when an individual lacks the capacity to make or communicate responsible decisions about their finances or personal care.
When age-related decline, such as dementia, Alzheimer’s, or other age-related illnesses, makes it challenging for them to manage their personal and financial affairs, it may be time to consider a guardianship or conservatorship.
Meanwhile, if there are concerns about financial elder abuse or the individual is susceptible to manipulation or exploitation, guardianship or conservatorship may be necessary to protect their interests and assets.
If you are wondering if your loved one needs guardianship or conservatorship, schedule a consultation today.
In both conservatorships and guardianships, an individual may serve as a conservator or guardian of either a person or an estate. A conservator or guardian of a person is tasked with making medical and personal decisions for their conservatee or ward. In contrast, a conservator or guardian of an estate is solely responsible for managing financial matters.
If you’re uncertain about the distinctions between these arrangements and which one best fits your needs, seeking advice from an attorney experienced in both can offer valuable guidance. Schedule a complimentary consultation with RMO Lawyers to assess your situation and determine the most appropriate option for you.
Rules pertaining to who can petition for guardianship or conservatorship vary depending on the jurisdiction, but typically, the following individuals may be able to:
Others can petition, but the process is very involved and requires the utmost dedication to the incapacitated person’s best interests. Consulting with an attorney experienced in guardianship and conservatorship proceedings can provide valuable guidance and assistance throughout the process.
Insights and advice on conservatorships and guardianships from our blog.
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