A Conservatorship is a court proceeding in which an individual is appointed to manage the financial affairs and/or daily life activities of an adult who is no longer able to care for him or herself due to a physical and/or mental incapacity. A General Conservatorship may be necessary when a loved one suffers from dementia, Alzheimer’s Disease, or other serious mental impairments and/or is unable to withstand undue influence.
Conservatorships are public proceedings that involve ongoing court supervision. It can be costly and burdensome for the Conservatee’s family. It should be a last resort. With a properly drafted estate plan, the attorneys at Gold Law can provide tools for your family to efficiently, and without court action, step in and aid in managing your finances, personal care and/or making medical decisions.
A Limited Conservatorship may be necessary for adults who were diagnosed with a developmental disability prior to attaining the age of 18 and are unable to make certain care or financial decisions for themselves.
In these cases, the Court appoints an individual, usually a parent or older sibling, to make decisions relating to housing, education, medical, finances, etc. Once your loved one turns 18, even if you are the parent, a court order is needed to allow you to continue to act and make decisions on their behalf.
A Guardianship is like a Conservatorship, but it applies to minor children rather than adults. A Guardianship is necessary when a parent is unable to care for their child or children. A Guardian is appointed by the Court to make personal decisions such as housing, education, and medical decisions. Sometimes, when a minor receives an inheritance or other sums of money, a guardian of the estate may also be required to manage the assets until the minor child attains adulthood.
At Gold Law, our attorneys will assist you in nominating your most trusted family member(s) or friend(s) to serve as the guardian for your minor children should the need arise. A comprehensive estate plan will give you peace of mind in knowing that the Court will receive notice of your wishes as to who should care for your children if you are unable to do so.
If a conservatorship or guardianship is unavoidable, our compassionate and experienced attorneys will guide you through the complexities of this process and help ensure your loved ones’ interests are cared for and protected.