We represent individuals in matters related to the appointment of Conservators and Guardians, which are often referred to as protective proceedings.
Issues related to Conservatorships and Guardianships can be exceedingly tricky. These issues must be resolved effectively in order to meet the best interests of the incapacitated individual, and hiring an experienced attorney can help. For instance, the appointment of a guardian and/or conservator involves issues of capacity. These issues can be complicated to handle because an individual may have a capacity level that is legally acceptable for certain tasks, but not for others. Discerning the capacity level of an individual in a manner that allows the appointment of a Guardian and/or Conservator with least restrictive powers can be a challenge.
Conservatorship/Guardianship proceedings can be very intimidating for the Respondent. It is necessary to balance protection of the Respondent with preservation of individual dignity and the right to manage one’s own affairs. Guardianship and/or Conservatorship proceedings can quickly become emotional for all members of the family. An experienced attorney can help all members keep their emotions in check while they focus on the best interests of the Respondent
Conservators/Guardians have some of the highest duties to the Respondent. They are required to work in the best interests of the person and must be able to prevent personal prejudices from getting in the way of performing their duties towards the person. There may be difficult decisions to be made, and the fiduciary must be able to make these decisions even when they are not approved by the protected person. All these factors mean that your attorney must be experienced in Conservatorship and Guardianship matters.
The attorneys at Schwartz, McMinimee & Andrew, LLC have decades of experience in these issues. They bring to your case a unique perspective and a complete understanding about the complexities of fiduciary duties. Our lawyers have streamlined systems that have been developed to deal with unique challenges, like the sale of personal property and real property. Our attorneys also have extensive litigation experience. When complex issues arise, our lawyers are willing and prepared to take the case to court to ensure that the client’s objectives are met.
How We Can Help
We offer a broad range of services that cover all aspects of Guardianship/Conservatorship matters.
- Our attorneys represent individuals in petitioning for the appointment of a Guardian and/or Conservator.
- Our attorneys represent parties that want to contest the appointment of a Guardian and/or Conservator.
- Our attorneys also act as representatives for the Guardian and/or Conservator in carrying out their duties.
- Our attorneys serve as Conservators.
- Our attorneys represent Respondents in Guardianship and/or Conservatorship cases.
- Our attorneys understand government benefits that the protected person may need or be entitled to and can make appropriate applications for these benefits.
- Our attorneys handle cases of financial exploitation.
