Powers of Attorney

Guardianship and Conservatorship

We advise all clients to execute and maintain Durable Financial Power of Attorney and Health Care Power of Attorney documents in which they nominate agents to make decisions concerning health care and finances in the event of incapacity.

 In the absence of valid powers of attorney, if a person becomes unable to manage his or her personal or financial affairs, guardianship and/or conservatorship proceedings though Probate Court may be necessary.  A guardian may be appointed to be responsible for decisions concerning the care of an incapacitated person.  A conservator may be appointed to manage the person’s estate and financial affairs.  All guardianships and conservatorships are under the supervision of the Probate Court.  These proceedings may be initiated by the person to be protected, or any person interested in his or her estate, or welfare.

In this practice, we offer assistance with the following:

•    Guardianship for adult incapacitated persons
•    Conservatorship for adult persons or minors
•    Appointment of successor guardian(s) and conservator(s)
•    Appointment of temporary guardian(s)
•    Resignation of guardian(s) or conservator(s)
•    Annual reports of guardian
•    Conservatorship Inventory & Appraisement
•    Annual conservatorship accounting
•    Advising court appointed guardian(s) and conservator(s) of duties and obligations
•    Assisting family member(s)/interested parties in contested guardianship and conservatorship
•    Termination of guardianship or conservatorship

Related areas:  Advanced Directives, Financial Power of Attorney, Durable Power of Attorney, Health Care Power of Attorney, Living Will, Elder Law /Special Needs Planning

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