WEST-WATT LAW, PLC

Guardianship and Conservatorship

 

Probate courts also have jurisdiction over other types of proceedings, like guardianships and conservatorships. These proceedings may become necessary if there is a dispute concerning a person in need of protection. Often, that person will be someone who has lost capacity and is no longer able to attend to their own affairs. If they have not made prior provisions for these circumstances, or if there is some dispute as to the person who is handling those matters, an appointment or removal of a guardian may become necessary, in order to protect the person, or 'ward', and to provide for their care.

 

On occasion, a minor may also be in need of protection. In such cases, it may be appropriate to file to establish a minor guardianship, to help provide for that child's care. Letters of guardianship are often necessary to provide for the medical and educational needs of a minor ward, if the person caring for them is not their legal parent.

 

A conservatorship is similar in character to a guardianship, but involves protection of the ward's assets and finances, rather than their person. Conservatorship may be required by the court, depending on the amount of property and income belonging to the ward. In such cases, arrangements generally have to be made to provide a bond, to insure that the conservator acts consistent with their legal responsibilities, or fiduciary duties, to the ward.

 

Conservatorships and guardianships are not always necessary, if a person has made prior arrangements through estate planning. Our probate attorneys can assist you in determining what the appropriate course of action is in the case of a person who has lost capacity or is otherwise in need of protection.

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To set up an appointment with one of our probate litigation attorneys, please call our office at 520-795-7300.