Often thought of in terms of children, Guardianship refers to the legal relationship created when the care of a minor or incompetent adult is assigned to a person or institution by a court or will. There can be any number of reasons for guardianship to be requested, but requirements must be met and regulations followed after to make it legal.
We specialize in all aspects of elder care at Williams, Meservy, and Larsen, LLP. If you are considering guardianship in any capacity, schedule an appointment with our team of professionals to fully understand your options and create a plan for moving forward.
Minors
When it comes to guardianship for minors, the court will supervise the guardianship until the child reaches the age of 18. As the care of a child is a very serious matter, it is important to seek legal counsel when making any decisions regarding guardianship. An attorney should be present from petitioning the court all the way through the appointment of guardianship, as well as overseeing any potential changes in the relationship in the future.
Incompetent Adults
The reasons for needing guardianship as an adult usually revolve around health. As adults age, there are instances when a guardian needs to be appointed to ensure their finances and basic health needs are being met. Legal counsel is just as important in these cases, due to the possibility of financial gain in certain circumstances. Before reaching a decision as to whether guardianship is the correct method for a friend or family member, consult the team at Williams, Meservy, and Larsen, LLP to see what options you have.
Conservatorship
Sometimes used interchangeably with guardianship, conservatorship refers to the process of appointing someone to oversee the financial affairs of another person. While a guardian is sometimes tasked with both handling finances and general well-being, a conservator may be appointed in some cases to handle the financial side. Determining the capacity of a person to handle their financial affairs is different from daily tasks, which leads to the appointment of either a guardian, conservator or both.
