Guardianship and Conservatorship
A guardianship is a legal procedure where a court determines that an individual over the age of 18 is legally incapacitated and a guardian is appointed to make decisions for the individual.
Guardianships are commonly put in place for young adults with disabilities as well as elderly individuals that no longer have the capacity to take care of themselves.
As a parent of a child with special needs, a guardianship can be viewed as extension of parental rights to take care of their child after the child turns 18. Having a guardian in place can assist in the seamless continuation of medical treatment, education, job training, and other services needed for your child once they reach age 18.
If the individual that is the subject of the guardianship proceeding has significant assets, a conservator may also be appointed to manage the assets. The guardian and conservator can be, and often are, the same person.
Obtaining a guardianship or conservatorship can be a complicated process to navigate. It can also be an emotional process, especially when obtaining a guardianship for an elderly adult dealing with an incapacity such as dementia or Alzheimer’s. Our attorneys have significant experience helping clients establishing a guardianship and conservatorship for young adults with disabilities and elderly individuals that have become incapacitated.
Our attorneys also often act as guardian and/or conservator for individuals with disabilities in the community.
