The establishment of a guardianship and/or conservatorship can raise multiple legal issues which can impact you in many different ways, depending upon where you fit into the equation. A guardianship or conservatorship establishes a legal relationship between a dependent party (often referred to as a Ward) and another person who is put in charge of the Ward’s person (a Guardian) or his property (a Conservator).
In some cases, the guardianship relationship is entered into voluntarily by all parties. In others cases, there may be opposition to the guardianship relationship. The court takes many factors into account in determining whether a guardianship should be created or should continue. The court also takes many factors into account in determining whether a particular person should serve as guardian.
A ward may be a minor who has no available parent to provide guidance and care. A ward can also be an adult who, through a mental or physical disability or injury, is without the ability to protect himself or his assets.
You may come to us as the responsible party needing to seek the Court’s permission to take on the role as a guardian or conservator for another. Such an appointment requires a commitment to the safety and well-being of the ward, and involves the ongoing oversight of the court for the duration of the relationship to insure the health, safety, and security of the ward’s person and assets.
You may seek our assistance opposing the appointment of a specific person as a guardian or of the establishment of a guardianship or conservatorship for yourself or a loved one. Perhaps your parents seek control over your child or your sibling seeks control over one of your parents, and you do not believe that to be in that person’s best interests.
No matter which position you are in, it can be very stressful. Having knowledgeable and compassionate legal support is essential to guide you through this process. Attorneys at Reagan, Melton & Delaney, L.L.P. have represented clients in each of these roles. We have experience establishing guardianships, opposing them, dissolving them, and preparing the required annual reports to the courts that oversee them. The laws impacting these relationships are specific, technical and exacting, and require appearances in court. We help you negotiate the law to get through these difficult times as easily and reasonably as possible.