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 can file a motion to open the case and remove her as the guardian.  You can ask to be appointed as the guardian instead and cite the reasons why she should not be allowed to conitnue to serve ...Read more

You would go to court and file for guardianship. But I think your chances would be slim, unless the aunt's home is a bad situation. Are you working? How would you support them? Are you really willing ...Read more

Unfortunately there is no assistance available for this matter.  But if you contact my office I will help you through the process and you can do it yourself.  

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Death of a Conservatee

A general conservatorship usually continues until the conserved person (called the “conservatee”) dies. Courts and conservatorship attorneys avoid the term “permanent conservatorship ... Read more

Can I Recover My Attorney’s Fees?

Litigation is expensive. Although every case is different, it is not uncommon for a case that runs through trial to cost each side hundreds of thousands of dollars in attorney’s fees. As a resul ... Read more

Avoiding Trust Litigation—the Benefits of a Trust Accounting

One of the unique aspects of trust, estate, and conservatorship litigation is the fiduciary duties that one party often owes to an opposing party. These arcane terms —“fiduciary” and ... Read more

Right to an Attorney in Probate Code Proceedings

Most people know that a defendant in a criminal case has a Constitutional right to an attorney. Our clients are often surprised to learn that certain individuals have the right to an attorney in vario ... Read more

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

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