Guardianships and conservatorships allow a party to take over the custody and property of a person, whether a child or an incapacitated adult, found legally unable to properly manage his or her own affairs. For many, this is a path to temporarily taking over custody of a child in need; for others it is a way to make sure that an incapacitated parent is safe from fraud or abuse.
In other cases, individuals are claimed to be incapacitated or unable to manage their own affairs unfairly, and need to fight against unfounded accusations.
In Arizona, a guardian is appointed by the Court to take care of an incapacitated adult or minor child, known as a “ward”. The guardian will make health care, education, and certain legal decisions on the ward’s behalf. Generally, the ward cannot provide food, clothing or shelter for their personal welfare without assistance.
However, the potential ward can challenge the petition, or another party may come along and state that they have a better claim to become the guardian or conservator of the proposed ward. When these issues become contested, you need a lawyer who understands the law and who can represent your interests.
In cases involving a minor, a guardian will take care of a child's personal needs, including shelter, education, and medical care.
Our firm can handle these matters for all parties, whether you are seeking to establish a guardian for a child or you are trying to obtain control over your incapacitated parent’s medical and health care decisions.
Often these are the tools that children or loved ones invoke to intervene in the life of a parent with Alzheimer's or who has been seriously incapacitated by illness. A conservator is a person appointed to handle the estate and affairs of someone incapable of handling such affairs and finances, known as a “protected person”. Generally, the conservator manages the legal and financial obligations of the protected person and does not make decisions regarding the personal care of the individual as a guardian does.
A conservator has the powers and responsibilities of a fiduciary and is held to the standard of care applicable to a trustee, that of a prudent person dealing with property of another. McCarville Law Offices, PLC can help you address many of the legal issues conservators commonly face, which can include:
- Providing an accurate accounting of all finances and assets
- Protecting assets, and responsibly using those assets to benefit the person in need and his/her family
- Filing actions against those abusing their position of trust, including an appointed power-of-attorney
- Making sure that any liquidated property receives fair market return when sold
- Preserving assets to ensure the financial stability and care of a loved one in the present time and for the future
- Posting any necessary bonds with the court
- Making important financial decisions that affect the family