RBS LAW can help you establish a guardianship or conservatorship when your loved one is unable to take care of their physical or financial needs as a result of physical disability and/or mental incapacitation. A person must file a petition and other paperwork with the court and appear before a judge in order to be appointed as guardian or conservator. The appointment of a guardian or conservator is usually only necessary when the person with a disability or incapacitated individual does not have a Medical Durable Power of Attorney and General Durable Power of Attorney in place.
A guardian is responsible for ensuring the incapacitated individual's physical well-being, and is often tasked with seeing that their loved one is well cared for, receives the proper medical care, even where that individual may reside. While a conservatorship is similar to a guardianship, a conservator has the ability to access financial resources and manage the day-to-day financial needs of their loved one. There are many requirements that a guardian and conservator must meet after the appointment and their responsibilities continue until the court terminates the appointment. RBS LAW can help with the initial petition and can continue to work with you to make sure you meet the requirements after the appointment of guardian or conservator.