When an incapacitating illness or injury happens, a lot if important decisions have to be made. Guardianship and conservatorship rules can determine who makes those decisions. If there is no incapacity plan in place made by the person who is now unable to act on his own, guardianship or conservatorship proceedings must be initiated.
The process of securing guardianship or conservatorship can be a complicated one, and the person who is actually named as guardian or conservator has many ongoing responsibilities. Involving a legal professional can be helpful and Kinghorn Law is here to provide the assistance you need.
Our legal team knows the rules for securing guardianship and conservatorship and our Tucson guardianship lawyers will provide the assistance necessary to allow you to make sure a loved one is being cared for in an appropriate way. Give us a call at (520) 529-4000 to find out more about the personalized service our firm provides and to get answers to questions you may have including:
- What is guardianship and conservatorship?
- When is guardianship and conservatorship needed?
- How can a Tucson guardianship and conservatorship lawyer help?
What is Guardianship And Conservatorship?
Guardianship and conservatorship are two terms used to refer to the establishment of an important legal relationship. When a person does not have the ability to make his or her own decisions, someone must be appointed to make those decisions. Children, for example, never have legal authority over their own decision-making process and their parents or another adult must always be a guardian for a child.
When an adult is not able to make his or her own decisions, a guardian has to be appointed. It is not automatically assumed an adult cannot act on his own, as it is with children. First, before a guardian or conservator can be appointed for an adult, a hearing must take place to determine capacity. If the court determines that a person does not have capacity to act on his own, then that person is declared a ward. A guardian is appointed to act on behalf of the ward, and to act in the ward’s best interests in making decisions and managing personal affairs.
The guardianship proceedings that must take place in order for a guardian or conservator to be named can be quite complicated. Family or friends of someone who no longer has the capacity to act must actually file a petition with the court and go through formal legal proceedings. Kinghorn Law can provide help. Our legal team will assist in dealing with court paperwork and in trying to convince the court that appointing a guardian or conservator is the right course of action in a particular situation.
When Is Guardianship And Conservatorship Needed?
Guardianship and conservatorship become necessary when physical or mental illness cause someone to become unable to act. An injury which renders a person incapacitated could also create a need for guardianship or conservatorship.
Guardianship and conservatorship may not be needed, even in the case of incapacity, if the person who is incapacitated had made advanced plans in case he became unable to manage his own affairs. Many people create an incapacity plan because they want to spare their family the court process of having a guardian appointed. Making an incapacity plan is also important because individuals want to choose who will act for them if they cannot act any longer, and they may also wish to avoid a delay in having a trusted person take over in managing assets and affairs when incapacity happens.
If your loved one has become incapacitated, you should determine if they have a power of attorney in place naming a healthcare proxy and an agent who can make decisions for them. If powers of attorney have been created determining who will be in charge of overseeing the incapacitated person’s affairs, then there will be no need for guardianship proceedings.
How can a Tucson Guardianship And Conservatorship Lawyer Help?
Kinghorn Law provides assistance in making an incapacity plan so guardianship or conservatorship won’t be needed in the event an incapacitating illness or injury occurs. We also provide assistance during guardianship and conservatorship proceedings and we help those who have been named as guardians to fulfill their legal obligations in full. Give us a call at (520) 529-4000 or contact us online to speak with a Tucson guardianship and conservatorship lawyer to find out more about the services we provide and the ways we can help your family.