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Guardianships and Conservatorships

Guardianships and Conservatorships

If a loved one or close family friend can no longer care for him or herself and has no plan in place, you may petition the probate court to be appointed as a guardian and/or conservator.  A guardian takes care of the welfare of the individual and a conservator takes care of the business and financial matters of the individual.

We can assist you in petitioning the probate court to be appointed as a guardian and/or conservator.  We can also assist where a guardian or conservator is misusing his or her authority to abuse the ward and his or her assets.  In order to proceed properly with petitioning the Court for guardianship and conservatorship we:

  • Determine if legal proceeding to appoint a guardian and/or conservator is appropriate for the given client and if other plans of action, including creation of trusts, durable powers of attorney or other options are more appropriate.
  • Determine who is available to serve as guardian and/or conservator and whether they are the most qualified in the given situation.
  • Terminate guardianship and/or conservatorship upon the end of incapacity or child reaching adulthood.
  • Assist in preparation of accountings for conservators.
  • File, pursue and respond to Court proceedings for appointment of guardianship and/or conservatorship.
  • Oppose petition for guardianship and/or conservatorship in the best interests of the client.

The following are some examples of how we have helped our clients in the past with establishing a Guardianship/Conservatorship:

  • Changed guardianship and conservatorship from one state to Alabama, including preparation of estate plan to provide for disabled children and modified existing trust.
  • Represented a client whose child sued him to resign as trustee of his wife’s trust wherein we opposed the petition to have someone appointed as guardian and conservator for the client, including extended discovery to determine the individual’s capacity to serve and obtain medical records from multiple physicians.
  • Represented a client under a guardianship/conservatorship in the long process of having her capacity restored and removing her son as her guardian/conservator.

 

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