Guardianships & Conservatorships

At The Heritage Law Group, we assist clients who have concerns about whether their loved one is able to make rational, safe decisions. There are many situations in which a Guardianship or Conservatorship may be necessary. Guardianships and Conservatorships are legal relationships by which the Court appoints an individual to make decisions on behalf of someone who is legally incapacitated.

Our firm routinely petitions local Courts for Guardianship and Conservatorships for incapacitated adults.  In fact, in addition to our regular clientele, we even represent local assisted living and nursing homes in these petitions. 

A Guardian is a person appointed by the Court who is responsible for managing the personal affairs of an incapacitated person, including the responsibility for making decisions regarding the person’s support, care, health, safety, habitation, education and therapeutic treatment.  A limited Guardian is a person appointed by the Court to accept some, but not all, of the above responsibilities when the incapacitated person is still able to make some decisions for himself or herself.  A Guardian must have enough contact with the incapacitated person to know his or her capabilities, limitations, needs, and opportunities.

A Conservator is a person appointed by the Court who is responsible for managing the financial affairs of an incapacitated person. For a full Conservatorship, the Conservator collects the income, pays the debts and manages the assets.  A limited Conservator is a person appointed by the Court to accept some, but not all, of the financial responsibilities when the incapacitated person is still able to make some decisions for himself or herself, or when only specific powers are needed by the Conservator.  Since a Conservator is handling the funds and assets of the incapacitated person, he or she usually must be eligible for a bond with surety. This means that a prospective Conservator must have sufficient personal assets, good credit and no past bankruptcy or felony conviction, so that he or she is bondable.

At The Heritage Law Group, we can also assist you with Conservatorship Administration. See the tab titled Conservatorship Administration for more information

On this tab you will find a drop-down relating to What to Expect at your Guardianship / Conservatorship appointment, and Frequently Asked Questions.