If your loved one is in a position where they refuse or are unable to make appropriate choices, you may need to be appointed by the court as a guardian or conservator.
Impairments ranging from disability to the effects of aging can make it difficult for people to handle their own affairs. When left to their own devices, these people can make dangerous financial and medical decisions.
The law has certain safeguards in place, however, designed to protect people in such a situation. These protections come in the form of guardians and conservators.
Guardianships & Conservatorships
Guardianship
Guardianship is authority granted by the court to make decisions for an incapacitated person regarding their health and medical care.
Why seek guardianship?
- Loved one in need of assisted living placement
- No power of attorney or failed power of attorney
- Inability to consent to inpatient treatment
Conservatorship
Conservatorship is authority granted by the court to make decisions for an incapacitated person regarding their finances and assets.
Why seek conservatorship?
- Protect a vulnerable family member from exploitation
- Inability to pay $4,000+ per month for assisted living
- Bank refusal to recognize power of attorney
Have any questions about guardianship or conservatorship?
Call us today at 480-467-4313 to schedule your initial consultation.
“Our team is committed to best serving each of our clients and giving them the attention and dedication they deserve. We understand the stress and worry involved in seeking guardianship or conservatorship, and strive to lift that burden from family members or loved ones. No matter the legal troubles you may face, it is our promise to be by your side every step of the way.”
Colton Johnston
JacksonWhite Guardianship & Conservatorship Attorney
Understanding Guardianship & Conservatorship
Top 10 Reasons you may need to apply for Guardianship (physical) or Conservatorship (financial):
Your parent, child, grandparent, or other loved one is:
- Unable to make medical and/or financial decisions
- Is unwilling or unable to sign a Power of Attorney
- Becomes easily agitated, aggressive or combative
- Gets lost or disoriented, but refuses to give up car
- Is being exploited by a family member, friend or scam artist
- Cannot control spending
- Is not safe to live at home, but refuses to move
- Has changed POAs numerous times
- Has given POA to untrustworthy person
- Needs to be treated in a mental facility
Powers of Attorney (POAs), both health care and financial, can be very effective tools in helping to protect your loved one. However, a POA cannot override a person’s own choices for where he lives or how he spends his money.
Upon approval from the court, guardians step in to act on behalf of someone who is no longer able to make safe medical decisions. Similarly, with the court’s approval, conservators step in to make financial decisions on behalf of someone who is no longer able.
Courts have discretion to grant guardians and conservators very broad or limited authority, depending on the particular situation. When petitioned to create a guardianship or conservatorship, courts consider whether the individual has made prior arrangements to have somebody handle his medical and financial issues; and whether the individual is legally incapacitated.
An Arizona guardianship attorney or conservatorship attorney can be helpful in persuading the court that a guardianship or conservatorship is indeed necessary.
To learn more about the process of being appointed guardian or conservator by the court, contact JacksonWhite Attorneys at Law at 1.800.243.1160.
Call us at 480-467-4313 to learn more.
The JacksonWhite Guardianship and Conservatorship Team
Colton Johnston
Guardianship & Conservatorship Attorney
Colton Johnston practices in the area of Elder Law, specifically focusing on Conservatorships & Guardianships. Colton takes great pride in assisting clients with end-of-life issues including incapacity, mental illness, and the transfer of assets.
Kristina Babbitt
Paralegal
Kristina Babbitt joined JacksonWhite in 2017. She assists Colton Johnston and Ryan Hodges in the Guardianship, Conservatorship, and Probate practice areas. Kristina is dedicated to the service of each client and takes pride in helping each client.
