Guardianship

A major question that we may all have to consider sooner than later is whether our loved ones need a guardianship and/or conservatorship.  As our parents, aunts, uncles, etc.  age and/or we have children who are either mentally or physically disabled, we have to choose whether we want to become responsible for their care and finances or sadly, our loved ones become wards of the State.  This is a difficult decision to contemplate; however, if you wait until it is an emergency, then sometimes it is much more difficult to deal with the various health care providers and/or financial institutions.  You don’t have to have both a conservatorship and a guardianship.  The guardian makes decisions for the physical wellbeing of the person and if that person receives less than $10,000 in financial support other than you, a conservatorship is not necessary.  A conservator becomes responsible for maintaining all of the ward’s assets and income as well as paying any of the ward’s bills. 

Each case is unique.  Depending on your circumstances, you may need both or even temporary and/or emergency orders.  You do not have to hire an attorney.  A paralegal/certified document preparer can complete all the necessary paperwork based upon the information that you give her/him for the initial application, any emergency or temporary orders as well as continued reporting that is due on a yearly basis.     

If you need help with this, please feel free to give us a call.