What does Guardianship and Conservatorship lawyers do?

Guardianship and Conservatorship lawyers near you help individuals who are unable to make decisions and manage their own assets due to physical or mental incapacity. These professionals help ensure that an individual’s rights, interests and well-being are protected. They also help determine who will be appointed as a guardian or conservator for the incapacitated person and help prepare all the necessary legal documents. Guardians and conservators are responsible for making decisions concerning the individual’s finances, living arrangements, medical care and other important aspects of life.

Guardianship and Conservatorship lawyers can also help prepare wills and trusts for individuals who do not have capacity to make such decisions independent of their guardians or conservators. In addition, they can provide advice to guardians and conservators on their legal responsibilities and provide guidance on dealing with financial institutions, government entities and other third parties. With the help of a Guardianship and Conservatorship lawyer, individuals can be sure that their interests are being looked after in the best possible way.

10 issues handled by Guardianship and Conservatorship lawyers

1. Determining who will be appointed as a Guardian and Conservator
2. Preparing all the necessary legal documents to establish guardian/conservatorship
3. Developing suitable plans for managing the individual’s finances, living arrangement and medical care
4. Representing guardians or conservators in court proceedings
5. Advocating on behalf of the individual in all matters related to guardianship and conservatorship
6. Negotiating with financial institutions, government entities and other third parties
7. Helping individuals prepare wills and trusts when they lack capacity to do so themselves
8. Advising guardians and conservators about their legal responsibilities
9. Investigating any potential abuse of the individual’s rights or interests
10. Monitoring guardianship/conservatorship arrangements to ensure they remain in the best interest of the individual.

Authorities covering Guardianship and Conservatorship law in the U.S

Guardianship and Conservatorship laws vary from state to state in the U.S. All states have rules for determining when a person lacks capacity, understanding and judgment and needs someone else to take over their affairs. Different states also have different requirements for how guardians and conservators should be appointed, supervised or removed. Additionally, there are certain federal laws that impact guardianship or conservatorship arrangements, such as the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Americans with Disabilities Act (ADA). Guardianship and Conservatorship lawyers are well versed in all relevant federal and state laws covering these issues.

Finally, Guardianship and Conservatorship lawyers can provide invaluable advice, support and advocacy to individuals who are unable to make decisions on their own. They ensure that an individual’s rights, interests and well-being are protected and help them negotiate with financial institutions, government entities and other third parties for the best possible outcome. With the help of a Guardianship and Conservatorship lawyer, individuals can be sure that their interests are looked after in the best possible way.

When to hire a Guardianship or Conservatorship attorney?

If you are facing a situation where an individual lacks capacity to make decisions on their own and needs someone else to take over their affairs, it is important to seek legal advice from a Guardianship or Conservatorship attorney as soon as possible. An experienced lawyer can help determine who will be appointed as a guardian or conservator and provide guidance on dealing with financial institutions and government entities. Additionally, they can provide advice on preparing the necessary legal documents to establish guardianship or conservatorship arrangements and help ensure that an individual’s rights, interests and well-being are protected.

Hiring a Guardianship or Conservatorship attorney in your area is also important if you are a guardian or conservator and need assistance understanding your legal responsibilities. A knowledgeable lawyer can help you navigate the complexities of guardianship and conservatorship law and make sure that you are properly fulfilling your duties. Additionally, they can provide advice on developing suitable plans for managing an individual’s finances, living arrangement and medical care.

Studies and stats related to Guardianship and Conservatorship in US

According to a 2020 report from the United States Government Accountability Office (GAO), there were nearly 1.3 million guardianships and conservatorships in effect in the U.S. in 2018. The same report noted that more than 75 percent of these arrangements involved individuals over age 65 and that most guardians and conservators were family members or friends. The report also found that there were significant variations in guardianship and conservatorship laws across states, with some requiring more oversight than others. Finally, the GAO concluded that there was a lack of uniform data collection and reporting on these issues.

Overall, Guardianship and Conservatorship attorneys play an important role in helping individuals who are unable to make decisions on their own. An experienced attorney can provide advice and assistance throughout the process, from establishing a guardianship or conservatorship arrangement to managing an individual’s finances and medical care. With the help of a knowledgeable lawyer, individuals can be sure that their interests are protected and that they receive the best possible outcome.

FAQ & answers related to guardianship, conservatorship

Q: What is guardianship?

A: Guardianship is a legal relationship in which an individual or institution (the guardian) is appointed to make decisions on behalf of another individual who is unable to make those decisions for themselves. The guardian has the authority to make financial, medical, living and other decisions for the individual.

Q: What is conservatorship?

A: Conservatorship is a legal relationship in which an individual or institution (the conservator) is appointed to manage the financial affairs of another individual who lacks capacity to do so themselves. The conservator has the authority to manage the individual’s assets, investments and debts, as well as make decisions related to their finances.

Q: When should I hire a Guardianship or Conservatorship attorney?

A: If you are facing a situation where an individual lacks capacity to make decisions on their own and needs someone else to take over their affairs, it is important to seek legal advice from a Guardianship or Conservatorship attorney. An experienced attorney can provide guidance and advice on the legal processes involved in establishing a guardianship or conservatorship, as well as helping to ensure that an individual’s rights, interests and well-being are protected throughout the process.

Q: Are there any reports or statistics related to Guardianships and Conservatorships?

A: Yes, there have been several reports published about Guardianships and Conservatorships in recent years. A 2020 report from the United States Government Accountability Office (GAO) found that nearly 1.3 million guardianships and conservatorships were in effect in the U.S. in 2018, with most involving individuals over age 65 and most being handled by family members or friends of the individual. The report also found significant variations in state laws regarding oversight and data collection related to these arrangements.

Q: What services can a Guardianship or Conservatorship attorney provide?

A: In addition to providing legal advice on establishing a guardianship or conservatorship arrangement, an experienced attorney can ensure that the appointed guardian or conservator is properly fulfilling their duties. Additionally, they can provide advice on developing suitable plans for managing an individual’s finances, living arrangement and medical care. They may also be able to assist with obtaining government benefits or other resources for the individual in need of assistance.

Q: Are there any organizations that provide resources related to Guardianships and Conservatorships?

A: There are a number of organizations that provide information and resources related to Guardianships and Conservatorships. Examples include the National Guardianship Association, the American Bar Association Commission on Law & Aging, the National Academy of Elder Law Attorneys, and AARP’s Legal Counsel for the Elderly. Additionally, state governments often have specific laws and regulations regarding guardianship arrangements. It is important to research your local laws before proceeding with a guardianship or conservatorship arrangement.

Gaining an understanding of Guardianship and Conservatorship can help people protect their loved ones in difficult situations. Speaking with an experienced lawyer can provide additional guidance and advice on the best way to proceed. ​​​​