Guardianship and Conservatorship can apply to special needs adults and aging adults when the loved one becomes incapable of caring for him/herself or making proper decisions about health, living arrangements, and finances. Guardianship is the court appointment of one person to make health care decisions for another person. Meanwhile, a conservator is similar to a guardian but only has the power over a ward’s finances. 

We assist clients filing with the court in getting appointed as a guardian or conservator, advising them on their powers and responsibilities, and helping prepare proper accountings to the court.

The court will send someone to independently evaluate the Proposed Ward and make a recommendation, also appointing the proposed ward an attorney. Then there is a hearing to present evidence and testimony to determine the person needs a guardian or conservator or both. By then the judge makes the final determination.

Guardians may need to be appointed to consent to anti-psychotic medications, to facilitate a move to a safe environment, to gain access to financial assets, or to protect a senior or younger family member with special needs from dangerous situations.