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

Assigning A Guardian for a Child or Adult
You can name a legal guardian for your children in your will, but the court isn't obliged to appoint that person Instead, it will assess your choice and the situation and decide what is best for your child. ... READ MORE

Wills Top 10
A will is perhaps the best and easiest way to make sure your property and assets go to the people you want to have them after you die. Here's a list of some important things to remember when it comes to making a will. Wills Top 10 Having a valid will is important for anyone with a family or anyone who ... READ MORE

Trusts for Minors
Use a minor's trust to make sure that a trusted adult will manage a young person's inheritance. ... READ MORE

 

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Guardianship And Conservatorship Questions

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You will definitely need to seek a guardianship in FL. Emergency temporary guardianships can be gotten fairly quickly, but guardianships are usually fairly expensive. This cost can depend so ...Read more

I give out general legal advice and can not go through the entire process to have a conservator appointed for your son. If you don't know how to do it, I would suggest that you might want to contact t ...Read more

This is a common mistake to name a minor as a beneficiary of any account.  Unfortunately, you'll need to file a peitition with the local court to have a guardian appointed.  Sadly you won't ...Read more

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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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