It is never easy to realize that a loved one has become unable to make the best personal or financial decisions. In such a situation, it may be necessary to establish a guardianship, a conservatorship, or both, over the person who needs help. Guardianships and conservatorships are appropriate when someone is no longer able to protect their assets or make wise personal decisions.
A guardianship is a legal relationship created between a dependent individual (ward) and another person (guardian) who will be in charge of their personal decisions. A conservatorship is a legal relationship in which a responsible person, known as the conservator, takes control of the ward's finances.
Guardianships and conservatorships may be entered into voluntarily by all parties. Often, though, it is necessary to seek to have the court establish a guardianship or conservatorship over someone who may not be aware, or may not agree, that they can no longer manage their own affairs. Because a guardianship or conservatorship deprives a person of the ability to make important decisions, courts deliberate carefully before deciding whether to create or continue a such a relationship. Many factors are taken into effect, including the wishes of the prospective ward.
The law in the is area is complex, with specific requirements of guardians and conservators.These include filing regular reports with the court and making occasional court appearances. The attorneys at Nazette, Marner, Nathanson & Shea, L.L.P. are familiar with the process and have the knowledge to skillfully advise clients undertaking a guardianship or conservatorship.
Because many guardianships and conservatorships are not voluntarily entered into, the court has a process by which a prospective adult ward may contest the action and be represented by an attorney. Similarly, it is possible for another adult who does not agree with the proposed guardianship or prospective guardian to contest the action. Anyone who objects to a guardianship or conservatorship must be prepared to appear in court and present evidence in support of their position.
Our attorneys have represented prospective wards who objected to a guardianship or conservatorship. We have also represented family members who believed that a guardianship of their loved one was unwarranted, or who disagreed with the choice of guardian. We understand that this is a very challenging time and make every effort to guide our clients through it as compassionately as possible.
If a minor child is without a parent to care for him, due to death, disability, incarceration, or some other reason, a guardian needs to be appointed. We offer legal counsel for child wards, those seeking guardianship of a child, or those opposing the selection of a particular guardian.
Call our office in Cedar Rapids at (319) 366-1000 to schedule a consultation about assistance with a guardianship or conservatorship.
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