A guardianship is the court process for appointing a person, known as the guardian, to act on behalf of an incapacitated person with respect to his or her personal care and medical decisions. Similarly, a conservatorship involves appointing a person, known as the conservator, to manage the incapacitated person's financial affairs. Typically, one or both processes become necessary if the individual did not execute a valid health care or financial power of attorney while he or she still had the capacity to do so.
If you believe a loved one is unable to make decisions due to incapacity, you might consider seeking the legal authority to act on his or her behalf. However, both guardianship and conservatorship proceedings may be lengthy, complicated court cases. There are extensive requirements regarding notifying others of the proceeding, filing the proper paperwork and submitting evidence of your loved one's incapacity. Even after the proceedings are concluded, the court will remain involved in your loved one's life in a supervisory capacity, and it is important for a guardian and/or conservator to seek the ongoing support and advice of an attorney.
At Tolison & Williams, Attorneys at Law, LLC, I help clients navigate the guardianship and conservatorship process with greater ease. Clients often feel reassured and confident that the case is in professional hands. I will work closely with you to focus on what matters most — protecting your loved one.
I have extensive experience in this area of law. For example, I serve as the deputy public administrator for the 17th Judicial District in Colorado. This means the court appoints her to serve as a guardian or conservator in cases where no one else is available or capable of doing so. As a result, I have firsthand insight into the legal intricacies surrounding such proceedings.
Under the law, a person may be declared incapacitated if he or she is unable to make important decisions due to a mental defect, illness or disability. The court must often decide whether a person is truly incapacitated and whether the nominated guardian and/or conservator is fit to serve as a fiduciary. An attorney can advise you in more detail on this complicated subject.
I invite you to contact me at 800-331-0745 to arrange a consultation. Feel free to inquire about off-site visits and after-hours availability if needed. I offer flexible payment options.