Practice Areas

Protective Proceedings / Guardianships

Court proceedings to establish a Guardianship and/or Conservatorship over an individual involves detailed precision. Whether you are seeking a guardianship and/or conservatorship over an adult who lacks capacity or cannot manage their financial affairs, or a minor who simply needs a guardian and/or conservator, we can assist.

Hull & Chandler attorneys can assist you with the petitioning process to become appointed as a guardian and/or conservator, as well as the on-going reporting requirements once appointed. The courts insist on prompt accuracy in these proceedings and you can be personally liable for mistakes. Finding competent legal counsel to guide you through this process is essential. 


FAQ

What are protective proceedings?

Court proceedings to establish a Guardianship and/or Conservatorship over an individual.  If loved one is suffering from diminished capacity, the court can appoint a guardian and/or conservator to assist the loved one.  Also, a guardian and or conservator could be appointed to a minor child.  Minors without a parent to exercise their parental rights need a guardian to make medical, health, education, and general welfare decisions for the minor.   Also, if the minor receives funds or assets, the court might need to appoint a guardian or conservator to manage those funds and assets.  Proper estate planning can help to avoid court overseen guardianships and conservatorships for adults who become incapacitated due to an injury or illness.  A financial power of attorney will allow your agent to make financial decisions for you, if  you cannot.  A health care / medical power of attorney will allow your agent to make medical and well-being decisions, if you cannot. 

What is a conservatorship?

A conservator is appointed by the court to make financial decisions on behalf of someone who does not have the capacity to make these decisions on his or her own. The lack of capacity could be caused by diminished capacity, or age.  Minors who have funds or assets may need a conservator to manage the funds and assets.  A conservator generally handles all the finances for the incapacitated person. This includes paying their bills, collecting their income, managing their accounts, investing their funds and reporting accurate accounting to the court.

What is a guardianship?

A Guardian is appointed by the court to make medical, health and well-being decisions on behalf of someone who does not have the capacity to make these decisions on his or her own. The lack of capacity could be caused by diminished capacity, or age.  Minors without a parent to exercise their parental rights for the minor need a guardian to make medical, health, education, and general welfare decisions for the minor. This can be limited to a specific need or made very broad to cover every aspect of the incapacitated person’s wellbeing. This can include, making doctor’s appointments, requesting prescriptions, hiring in-home health services, nursing home care, and making medical decisions.

How long does the process take?

Generally the process takes about sixty (60) days; however there are ways to be appointed on an emergency basis in the interim.


Protective Proceedings / Guardianships Attorneys

Tammara L. Bauer

Practice Areas

  • Estate Planning
  • Asset Protection
  • Trust Administration
  • Special Needs planning
  • Probate
  • Protective Proceedings
  • Business Structures