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Guardianships and conservatorships are legal protections for people who can no longer care for their own affairs. They can be sought on behalf of people who are allegedly incompetent, addicted or disabled, as well as minors in certain situations. Once a guardianship or conservatorship is granted, a guardian controls and protects that person, or his or her assets.
There are many circumstances where guardianship or conservatorship may be appropriate, including the examples below:
- A guardianship may be appropriate when an elderly person has reached the point where they cannot care for themselves. If this person has not already created a durable power of attorney or made other arrangements as part of an estate plan, a guardianship may be necessary to ensure that the person receives proper care.
- A conservatorship may be necessary for a child who has received an inheritance or compensation for an accident, if the child’s parents cannot properly manage the money.
- A guardianship and conservatorship may be appropriate for a child with special needs when that child turns 18. These arrangements ensure that a guardian or conservator can still make essential decisions regarding the child’s medical care and finances.
For a guardianship to be granted, it is usually necessary to go to court and offer certain proof of incompetence. People seeking court-ordered guardianship must usually show documents like a physician’s statement and certain medical records to help make their case.
Each Family is Different
Each family is different, but gaining control over a person’s finances or bills can bring peace of mind to families. They know that their loved one is protected from being taken advantage of financially, and they can rest assured that the person will have help making difficult decisions that could endanger him or her.
However, there is often hostility and strife when families go through guardianship proceedings, especially when different family members disagree about the measures to be taken. At Stange Law Firm, PC, we understand what families are going through. Our lawyers can work closely with you to protect your rights and interests.
A child’s guardian can become an important person at any age. Here is more information about guardianships: Missouri Law Summary on Guardianships, Illinois Law Summary: Guardianships and Voluntary Relinquishment and Paul Walker’s Mother Petitions to Become Granddaughter’s Guardian.
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