Guardianship/Conservatorship
Our Expertise
Some clients reach out to us when a family member or spouse becomes physically or mentally disabled and unable to manage their own affairs. A guardianship and/or conservatorship can help transfer control of financial and/or medical decisions to a responsible individual. Our firm is experienced in representation involving protected persons and can assist clients in taking the correct measures to protect the rights of an incapacitated person.
Our firm also has expertise working with clients seeking to protect the personal, financial, and medical well-being of a loved one. We understand that appointment of a guardian and/or conservator is a difficult process involving significant emotional concerns. However, if you are worried about someone who is unable to make sound financial and medical decisions, we can assist with taking all measures to protect their interests such as: (i) Certifying incapacity from a medical professional; (ii) Assistance with determination of the proper requirements and qualifications of a potential guardian and/or conservator; and (iii) defining the scope of the conservatorship and/or guardianship.
What is a Guardianship?
When an individual, without an appropriate estate plan, is unable to attend to their daily care decisions, a guardianship may be necessary. A guardianship is a court-ordered legal relationship in which a person is appointed to oversee and manage the personal and medical needs of an incapacitated person. The guardian may also be able to handle amounts of funds for this person.
A guardian may be appointed for a minor child whose parents are unable or unwilling to care for them. It may also be appointed for an adult who is incapacitated and unable to make their own decisions. Often, the guardian is a spouse or child of the individual, but it may also be a qualified attorney.
What is a Conservatorship?
A conservatorship is a legal arrangement in which a court appoints a person or entity, known as a “conservator,” to manage the financial affairs of an individual who cannot do so themselves. While a guardian may handle small amounts of funds, a conservator must be appointed if the person has significant assets.
The duties of a conservator can vary depending on the specific needs of the individual. It could include managing their finances, paying bills, and managing investments. The conservator is required to act in the best interests of the incapacitated person. They should also provide regular reports to the court on their activities.
Services Offered
Our primary goal is to satisfy our client’s tax, business, and charitable objectives by mitigating the impact of income/gift/estate tax, assistance with transitioning business ownership to younger generations and employees, consideration and implementation of charitable strategies, and protection of vulnerable beneficiaries.
Our firm creates, administers, and advises both taxable and non-taxable estates on:
- Revocable Living Trusts
- Irrevocable Life Insurance Trusts
- Education Trusts
- Qualified Personal Residence Trusts
- Formation of Non-Profit Organizations and Private Foundations;
- Charitable Lead and Remainder Trusts;
- Qualified Domestic Trusts for foreign spouses;
- Grantor Trusts including Grantor Retained Annuity Trusts
- Intentionally Defective Grantor Trusts
- Family Limited Liability Companies
- Preparation of federal and estate tax returns
- Preparation of federal gift tax returns
- Resolving all disputes and tax audits related to an estate
Have Guardianship/Conservatorship Questions? Contact Us