Guardianship / Conservatorship

For clients coping with an incapacitated family member, especially the elderly, Phoebe Moffatt counsels you through the legal process of becoming appointed as the legal guardian and/or conservator for your loved one.

Seeking appointment as guardian and/or conservator can be a very emotional, but necessary, undertaking. It is important to choose an attorney who not only understands the related laws and procedures to help ensure that all the court’s requirements are being met during the course of the appointment, but who can guide you through the process with compassion and understanding.

Becoming Appointed as Guardian

  • Assist client in determining whether a loved one is incapacitated;
  • When necessary, file guardianship proceeding in court to have a guardian appointed for the purpose of making medical and health care decisions for a loved one who is unable to communicate such decisions;
  • Coordinate with court appointed investigator, physician, and attorney to determine the best interests and medical care for the incapacitated person; and
  • Assist guardian in filing annual reports with court, locating appropriate medical treatment facilities, and coordinating with medical providers.

Becoming Appointed as Conservator

  • If necessary, file proceeding in court to have a conservator appointed for the purpose of obtaining access to the financial resources of the incapacitated person to help pay for the expenses associated with the medical care and maintenance of the incapacitated person;
  • Coordinate with court appointed investigator, physician, and attorney to determine what is in the financial best interests of the incapacitated person; and
  • Assist conservator in collecting assets, notifying creditors, and paying legitimate debts of the incapacitated person, and coordinating the preparation of tax returns.

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