Guardianships and conservatorships are always last resorts when an incapacitated person requires personal care or financial management and existing management plans either are absent or unworkable. A family member or other concerned individual can ask the Court to protect the incapacitated individual and appoint a guardian or conservator. Whether the guardian or conservator is an individual or a professional, the guardian or conservator has many important responsibilities and obligations.
We have many years of experience representing petitioners, guardians, conservators and other persons interested in the personal and financial wellbeing of incapacitated persons, including in disputes over whether a guardian or conservator is necessary; the appropriate scope of a protective order; whether the proposed fiduciary is appropriate; and whether the appointed fiduciary has breached a duty in managing the guardianship and conservatorship. We have also litigated cases concerning the transfer of guardianships and conservatorships. Professionally, we have actively contributed to the development of guardianship and conservatorship law at the state and national levels.
Conservatorship litigation requires a deep knowledge of both conservatorship law and litigation techniques. Because we narrowly focus on trust, estate and conservatorship litigation, we can develop tailored solutions in an attempt to efficiently address our clients’ concerns over the management of the personal and financial affairs of those vulnerable individuals they care about.