Guardianship / Conservatorship

Guardianship / Conservatorship: Protecting Vulnerable Individuals

Life’s journey sometimes presents situations where individuals, whether minors or incapacitated adults, require legal protection and assistance in managing their personal affairs or finances. When a person is unable to make responsible decisions for themselves due to age, illness, disability, or other vulnerabilities, a court may appoint a guardian or conservator to act on their behalf. This legal intervention is a serious step, impacting an individual’s autonomy, and is always undertaken with the solemn responsibility of ensuring their best interests are paramount. At Leigh S. Gettier, Attorney at Law, we provide compassionate and diligent legal guidance through the intricate processes of establishing, modifying, or contesting guardianships and conservatorships. Leigh Gettier is dedicated to protecting the vulnerable, providing peace of mind to families, and ensuring that those who cannot care for themselves receive the appropriate legal and personal support they need.

Guardianship and conservatorship are legal arrangements designed to safeguard the welfare and assets of individuals who are deemed legally incompetent. While the terms are sometimes used interchangeably, or can vary slightly by state, they generally refer to distinct roles:

• Guardianship (of the person): Focuses on making personal decisions for the ward (the individual needing protection), including medical treatment, living arrangements, education, and daily care.
• Conservatorship (of the estate): Focuses on managing the financial affairs and assets of the ward, including paying bills, managing investments, and protecting property.

In some jurisdictions, one individual may be appointed to both roles, holding both guardianship of the person and conservatorship of the estate.

For minors, guardianship is typically established when parents are deceased, incapacitated, or otherwise unable to care for their child, and no alternative parent or legal guardian exists. This ensures the child’s continued care, safety, and well-being. A minor’s guardian is responsible for their upbringing, education, health, and generally for making all necessary decisions until the child reaches legal adulthood or the guardianship is terminated. The court’s primary consideration in these cases is always the child’s best interests, and Leigh Gettier works tirelessly to present a clear, compelling case for the most suitable guardian, often helping family members navigate a difficult time to step in and provide stability.

For adults, guardianship or conservatorship becomes necessary when an individual is declared legally incapacitated, meaning they lack the mental capacity to make sound decisions regarding their person or finances. This can be due to advanced age (e.g., severe dementia or Alzheimer’s), a debilitating injury, a severe mental illness, or other conditions that impair their cognitive abilities. The process typically begins with a petition filed with the probate court, often by a concerned family member or friend. This petition must usually be accompanied by medical evidence demonstrating the alleged incapacitated person’s inability to manage their own affairs. The court then holds a hearing where evidence is presented, and the alleged incapacitated person has the right to be present and represented by counsel. Leigh Gettier meticulously prepares these petitions, gathers the necessary medical documentation, and guides petitioners through the hearing process, advocating for the appointment of a guardian or conservator who is truly committed to the ward’s welfare.

The responsibilities of a guardian or conservator are significant and carry a strict fiduciary duty. This means they must act solely in the best interests of the ward, avoiding conflicts of interest and managing assets prudently. For conservators, this involves detailed record-keeping, filing regular financial reports with the court, and often seeking court approval for major financial transactions. For guardians, it means ensuring appropriate medical care, safe living conditions, and attending to the ward’s personal needs. Leigh Gettier provides comprehensive legal counsel to appointed guardians and conservators, helping them understand and fulfill their complex legal obligations, navigate reporting requirements, and seek court approval for necessary actions, ensuring they remain compliant and effective in their role.

While guardianship and conservatorship are powerful tools, they should always be considered as a last resort, as they significantly restrict an individual’s autonomy. Our firm also explores less restrictive alternatives, such as Durable Powers of Attorney for finances and Healthcare Directives (Living Wills and Healthcare Powers of Attorney). These documents, established while an individual is still competent, allow them to pre-designate trusted agents to make decisions on their behalf, often avoiding the need for court intervention altogether. We advise clients on proactive planning to safeguard their future autonomy and spare their families the complexities of a court-ordered guardianship.

Contested guardianship and conservatorship cases can arise when family members disagree on who should be appointed, or whether a guardianship is even necessary. These disputes can be emotionally charged and legally challenging, requiring skilled litigation. Leigh Gettier provides robust representation in contested matters, advocating fiercely for her clients’ positions, whether they are seeking to be appointed, challenging an unsuitable candidate, or seeking to terminate an unnecessary guardianship. Her strategic approach focuses on presenting compelling evidence and arguments to the court, always keeping the ward’s best interests at the forefront.

Choosing Leigh S. Gettier, Attorney at Law, for guardianship and conservatorship matters means entrusting the protection of a vulnerable loved one to an attorney who combines deep legal expertise with genuine empathy. We are committed to providing clear, transparent communication, simplifying complex legal processes, and ensuring that decisions are made with the ward’s dignity, safety, and well-being as the absolute priority. Let us help you navigate these critical legal avenues to protect those who need it most.