Guardianships and Conservatorships
The many issues regarding guardianship and conservatorship proceedings often require the skills of an elder law attorney. These proceedings are adversarial by nature and conflicts of interest can develop easily. The basic responsibilities of a guardian or a conservator must be made clear to anyone who serves in either capacity.
At Procter and Callahan, LLC, we often help family members identify what is in the best intersts of a person of limited capacity. We help them to appraise the special needs of the person of limited capacity and assist the client in fulfilling their fiduciary responsibilities.
We may also represent a person who is the subject of a guardianship or conservatorship proceeding to ensure that their legal rights are not being unnecessarily or prematurely infringed upon. We advocate on behalf of persons with limited capacity to determine if their needs are being met and that they are receiving the best financial and medical care available. It is important to verify that their resources will be available to pay for that care.
Most appropriate however, we use guardianship and conservatorship proceedings as a last resort. We can prevent many problems from occurring by drafting comprehensive durable powers of attorney to manage the affairs of a client should they become incapacitated or need assistance. A client also can execute advance medical directives that will be legally binding should they become unable to make medical decisions. We assist our clients when competency to make these decisions or execute these documents are an issue.