Conservatorship and Guardianship
The lawyers of Crislip, Philip and Associates have extensive experience in applying for the appointment of either a guardian or conservator and assisting in management of the person’s assets.
Guardianship is for minors under the age of 18 years. Conservatorship is for adults 18 years or older. The decision to appoint either is dependent first on the age of the person and then whether that person is incompetent to handle their own affairs, either because of age or mental and/or physical illness or incapacity.
In either case, medical evidence is required to substantiate the claim of incompetency based on mental or physical incapacity. The court may require a property management plan which outlines the assets owned by the persons and also sets forth the provisions for financial care.
A durable power of attorney may be an effective method to care for an adult without having to apply for a conservatorship.
Parents with children with long-term disability care should apply for conservatorship upon their child turning 18. Medical issues can be avoided with a conservatorship as it relates to treatment. A waiver can be obtained from the court excusing accounting for government benefits received for the child.
Special-Needs Trust need to be considered in long-term care situations.
