When a person is unable to care for himself or herself because he or she is incapacitated, incompetent or has special needs, then that person needs someone to provide for his or her care. The elder law attorneys at Aho Law Office PA helps our clients establish guardianships and conservatorships for loved ones who cannot care for themselves.
A guardianship and/or conservatorship may be necessary if your family member or next of kin is a minor or an incapacitated adult who lacks sufficient understanding or capacity to make or communicate responsible decisions, and who has an inability to meet personal needs for his or her safety, medical care, shelter, or nutrition.
Guardian and Conservator
What is a Guardian?
A guardian is a person appointed by the court to provide for the care of a minor or incapacitated adult (referred to as a “ward”). This guardian often, but not always, is a relative of the ward. The guardian has authority to make decisions on behalf of the ward concerning health care, education, personal care and where to live.
What is a Conservator?
A conservator is a person appointed by the court to manage a minor or incapacitated adult’s estate and finances. This can be a relative, friend, or professional conservator depending on the needs of the specific situation. A conservatorship is established when the ward has assets that must be managed. The conservator has duties including investing funds, collecting on debts in favor of ward, paying for the support, maintenance, and education of the ward and to institute suit on behalf of the ward when necessary.
Establishing Guardianships and Conservatorships
To establish a guardianship and/or conservatorship an interested person (typically a family member of the ward) must file a petition with the court. The court will then schedule a hearing to determine whether to appoint a guardian and/or conservator for the ward. The proceedings can result in litigation if an interested party disputes whether the ward is actually incapacitated (the ward is usually the person who makes this challenge) or if an interested party disputes that the nominated guardian or conservator would serve the best interests of the ward.
If you decide to seek a guardianship or conservatorship, the guardianship attorneys or conservatorship attorneys at Aho Law Office, P.A. can help determine the right type of guardianship or conservatorship, prepare the petition and represent you in the court hearing. Our main goal in our guardianship advocacy is to help our clients ensure their loved ones are getting the care they need.
Health Care Power of Attorney, Health Care Directive and Financial Power of Attorney
It may be possible to use a health care power of attorney, a health care directive and a financial power of attorney (usually a statutory power of attorney) to accomplish the same ends, but these have limitations. The health care power of attorney appoints a person to act as the health care agent of the person to make health care decisions if the person becomes temporarily or permanently unable to make decisions for himself or herself. The health care directive provides guidance to the health care agent and medical providers by stating the wishes of the person.
The financial power of attorney provides an agent authority to make certain specified financial decisions for the person if the person is unavailable or incapable of making financial decisions. This can be temporary, such as while unconscious or in a coma, or permanent like following a permanent brain injury or other injury or disease. The health care directive, health care power of attorney, or financial power of attorney must be drafted and signed while the person is competent and understands the meaning of the decisions. The elder law attorneys at Aho Law Office, P.A. can discuss your loved one’s situation and recommend the best course of action for you.
