Guardianship & Conservatorship

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Guardianship FAQ
Learn the basics about court appointed guardians. ... Read more

A Conservator Oversees Financial Matters
In estate law, a "conservator" oversees someone's personal or financial affairs when the court judges that the person is unable to do so without help. The individual is called a "ward" and may be an orphaned child, an elderly person, or an adult who doesn't have the capacity to care for himself. Conservators ... Read more

Alternatives to Guardianship
Not all adults have the capacity to make decisions regarding their personal lives and care or property and finances. State laws give courts the power to appoint guardians or conservators to make decisions for an incapacitated person, a "ward." However, the guardianship process is an extreme measure, ... Read more

Guardianships and Conservatorships
Adults are assumed to have the capability to make decisions for themselves in all areas of their lives. However, there are times when a person lacks this ability, and some people never have this capability. State law provides an alternate decision maker to act when someone can't make decisions for themselves. ... Read more

Taking Care: Disabilities & Special Needs Trust Options
Making a long-term plan to meet the needs of a child or relative with disabilities takes hard work and advance planning. Quality of life, care and opportunities often mean making best use of public and private resources. No single resource is likely to meet all needs. A special needs trust is one way ... Read more

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Guardianship And Conservatorship Questions

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You could call the court and ask if you could make a payment plan to pay the fees.  

Did you get guardianship through a probate court? If not, you should file in probate court to get a real judicial guardianship. As you see, a power of attorney doesn't carry much weight. If a judge de ...Read more

Your DPOA only relates to financial matters. It does not give you power to move your husband if he is not competent to make his own decisions. I know it's very frustrating that conservatorships take s ...Read more

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Is the Term “Interested Person” Meant to Be Broadly Defined under Massachusetts Guardianship and Conservatorship Law?

In the case of Guardianship of B.V.G., decided on April 6, 2015, the Massachusetts Appeals Court took a look at the Massachusetts Uniform Probate Code (“MUPC”) to determine whether a grand ... Read more

Is a Guardian Accountable for Their Actions?

The Florida Bar states: "Yes. A guardian must be represented by an attorney who will serve as "attorney of record." Guardians are usually required to furnish a bond (financial instituti ... Read more

General Requirements for the Non-Professional Guardian

There may be several reasons why someone would want to establish a guardianship. For example, someone may have a sibling who is severely handicapped. Or, someone may have a child who will soon receive ... Read more

Resurrecting Civil Litigation (An Easter Wish)

Last month, I had the honor of being asked to participate in a presentation to the National Bar Association.  The general topic – Ethics and Professionalism.  The thrust of the present ... Read more

A Common Question Client’s Ask me is “How is a Person Determine to be Incapacitated?”

The Florida Bar states: "Any adult may file a petition to determine another person’s incapacity with the court setting forth the factual information upon which they base their belief that t ... Read more

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