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Guardians & Conservators

The law of guardians and conservators has the ability to impact everyone. Since you are reading this, quite possibly it has, or is about to, impact you or your loved one.

The laws of guardianship apply to those persons who are determined to be legally incapacitated to such an extent that they are unable to take care of themselves or to provide for their own shelter, food, clothing, safety or other care. In the event a court determines someone to be totally or partially incapacitated, the court will appoint someone to serve in whatever capacity is necessary.

Similarly, the laws of conservatorship apply to those individuals who are determined to be legally disabled and thus unable to receive and evaluate information or to communicate decisions to the extent that they are unable manage their financial affairs. In the event that a court determines someone to be totally or partially disabled, the court will appoint someone to be a conservator or a limited conservator, whatever the determination requires.

Guardianship, conservatorship, or both, may be necessary as a result of your loved one having a disease, such as Alzheimer’s or impaired abilities following an illness such as a stroke or heart attack. Maybe you are seeking a guardianship or conservatorship because your child has turned 18 but suffers from a disease or medical condition and that in order to continue providing proper care for them, you need legal authority to make important decisions on their behalf. Maybe a loved one has been involved in some sort of an accident and is in a coma, has suffered brain damage, or is otherwise unable or unwilling to take care of themselves, communicate decisions or manage their finances. In any event, maybe the incapacity or disability will only last a short time and you will be able to terminate the guardianship or conservatorship in the future. Oftentimes however this may not be the case.

Should the need arise, Cripps & Simmons, L.L.C. can assist you in being appointed as a guardian or conservator for your loved one if the context requires it. However, this decision is not one that should be made lightly. One of the reasons that a court proceeding is required in this context is because the legal status of the ward (guardianship context) or the protectee (conservatorship context) is significantly changed. They may no longer be able to make certain decisions regarding their living arrangements, health care decisions or finances. For those that have handled these matters themselves in the past such as seniors, it can be a very demoralizing experience. They may not only be suffering from a medical condition, but are being told that they are no longer independent.

Once guardianship and/or conservatorship is granted, the person who is charged with managing the affairs of the ward or protectee has certain obligations. Cripps & Simmons, L.L.C. can help you meet these obligations. Not only is a conservator required to file an annual report with the court, they will oftentimes be required to post a monetary bond to ensure their faithful performance of their obligations to the protectee. Similarly, guardians are required to submit an annual report to the court detailing the care rendered on behalf of the ward.

Should you have any questions about the laws of guardians or conservators, please give our office a call.

© 2006 - Cripps & Simmons, L.L.C.