Protecting Those Who Cannot Protect Themselves
Conservatorships and guardianships are among the most personal and emotionally complex matters we handle. They arise when someone — whether an aging parent, a spouse with dementia, or a child left without adequate care — can no longer manage their own affairs, and a court must step in to appoint someone to act on their behalf.
Although these proceedings are handled in probate court, they are fundamentally different from probate. The focus is not on settling an estate after death — it is on protecting a living person and ensuring their care, finances, and wellbeing are properly managed, often for years to come.
Types of Conservatorship & Guardianship
Conservatorship of the Person
Grants authority over an adult's personal care — including medical decisions, living arrangements, and day-to-day welfare. Typically sought when an adult can no longer make safe decisions for themselves due to age, illness, or incapacity.
Conservatorship of the Estate
Grants authority to manage an adult's financial affairs — paying bills, managing bank accounts, handling property, and protecting assets from waste or exploitation.
Guardianship of the Person
Grants custody and care authority over a minor child whose parents are unable to provide adequate care — covering housing, education, healthcare, and daily decisions.
Guardianship of the Estate
Grants authority to manage property or financial assets belonging to a minor — typically where the child has inherited money, received a personal injury settlement, or otherwise holds assets that require court supervision.
How the Process Works
Establishing a conservatorship or guardianship requires a formal court petition, notice to interested parties, an investigation, and a hearing before a probate judge. Once established, the conservator or guardian has ongoing reporting obligations to the court. We handle the full process:
Initial Assessment & Strategy
We evaluate the situation, identify the appropriate type of conservatorship or guardianship, and advise on whether less restrictive alternatives — such as a durable power of attorney or advance healthcare directive — might address the need without court involvement.
Petition & Court Filing
We prepare and file the petition with the probate court, along with all required supporting documentation. We also handle the required notices to family members and other interested parties.
Investigation & Hearing
The court will typically appoint an investigator to assess the proposed conservatee or ward. We prepare you for this process and represent you at the hearing before the probate judge.
Ongoing Court Supervision
After appointment, conservators and guardians must file regular accountings and reports with the court. We assist with these ongoing obligations to keep the conservatorship or guardianship in good standing.