Guardianship is appropriate when a person is not able to make informed decisions regarding his health and care, or when extraordinary authority is needed -- such as to administer anti-psychotic medications to a nursing home resident in some circumstances.
If a person is unable to manage his finances and property, a conservatorship may be appropriate. Guardianships and conservatorships may be obtained on an emergency basis if warranted.
It is important to note that if a person who is unable to make informed decisions about his or her health or finances has executed a Health Care Proxy and/or Durable Power of Attorney, these court procedures may be avoided.
We represent individuals in obtaining guardianship or conservatorship of their loved ones, as well as nursing homes that have a duty to obtain guardianship for certain residents who receive anti-psychotic medications. Guardians and Conservators must obtain additional court authority in some cases, such as to admit the incapacitated person to a skilled nursing facility or to establish an estate plan for the protected person.
Have you been appointed Guardian or Conservator for a loved one? The Handbook for Guardians and Handbook for Conservators will help you to understand your responsibilities.