Guardianship & Conservatorship Assistance

A guardian is appointed by the Probate Court of the county in which the incapacitated adult (ward) resides. The purpose of appointing a guardian is to protect a person who is unable to make certain decisions for himself. A guardian is vested with the authority to make decisions on behalf of the ward regarding his care and medical treatment. A guardian can also make decisions regarding the ward's placement. However, a guardian does not ordinarily have the authority to manage a ward's finances beyond paying ordinary and necessary bills. If a ward has significant financial assets, a conservator must then be appointed. A conservator is appointed for an incapacitated individual who is unable to handle his own financial affairs. The conservator has the ability to manage most of the ward's assets, including bank accounts, real estate, investments, etc. However, a conservator owes a fiduciary duty to the ward, which means that a conservator must exercise care and caution when managing the ward's assets. Carlin & Associates, P.A. can assist you with any of the following:

• Assess a situation to help you decide if guardianship or conservatorship is necessary and in the ward's best interest.
• Draft petitions for appointment of guardians, conservators or both.
• Draft conservator inventories and accountings.
• Attend hearings as your legal representative to present the petition before the Probate Court.
• Draft petitions to request enlargement of conservator's authority to transfer assets.
• Challenge a petition for guardianship or conservatorship that you believe is unnecessary.