One of the most difficult challenges a family can face is determining what to do when a family member can no longer make or communicate responsible decisions for their health and safety or for their finances. This inability can arise from a myriad of causes such as a stroke, a coma, advanced Alzheimer’s or some other condition.
When a loved one can no longer make or communicate responsible decisions for their health and safety, it may be necessary to seek an Adult Guardianship over that person. This involves going to court and requesting that the court take certain rights and responsibilities away from the person, known as a ward, and transfer those rights and responsibilities to a proposed guardian. The court will hold a hearing and hear evidence in making its determination of whether a guardianship is appropriate under the circumstances.
If a loved one is unable to make or communicate responsible decisions about the management of his or her finances, it may be necessary to petition the court for a conservatorship over the property of the loved one. Similar to guardianship, this involves taking certain rights and responsibilities from the proposed ward and transferring them to the proposed conservator. As such, a court proceeding is required. The accounting duties of a conservator are significant, and the conservator will be subject to close ongoing oversight by the court. Moreover, conservatorship can limit the ward’s ability to engage in long-term care planning. Therefore, conservatorship is not to be entered into lightly. In some cases, other less restrictive options may be available and preferable.
The Ammari Firm, LLC helps families seek guardianship and/or conservatorship over a loved one where appropriate. We will guide you in each step of the process so that you can continue to focus on caring for your loved one. We will also discuss other available options to find the right solution for your family.
Please contact The Ammari Firm, LLC today to discuss your individual situation.