Guardianships and Conservatorships for Adults

The attorneys of Schmidt Basch,LLC have substantial experience providing legal counsel for clients seeking to protect the interests and well-being – both physical and financial – of adults who are deemed to be incapable of managing their day-to-day affairs, their finances or their medical and healthcare interests.

Two primary tools used to achieve these objectives are guardianships and conservatorships. In each, a capable adult assessed as being trustworthy and skilled in managing the affairs of the protected person is appointed by the court to oversee certain aspects of their lives.

Guardianships are often utilized for adults who live with long-term physical or cognitive challenges, seniors in declining health, and those who have been injured in accidents or who have been severely harmed by illness. The assigned guardian may be given a wide-berth of decision-making power, which can include day-to-day care, medical treatment, financial matters and more.  However, in certain situations, the guardianship can be narrowly tailored to give the guardian the powers necessary to protect the adult while also allowing the adult to retain certain rights.

Conservatorships are typically used in cases where adults may be forced to live with long-term or permanent cognitive or emotional issues that compromise their ability to responsibly manage their finances.  In these cases, an adult conservatorship is often the best and most effective tool for protecting a compromised adult’s near- and long-term financial well-being and using income and assets for the adult’s best interests over time.

Our attorneys understand the complex interpersonal relationships and dynamics that can impact the care of adults in conservatorships, and perhaps more commonly, the resistance some protected people may have to being protected by a conservatorship.

From our experience representing not only clients seeking to become guardians and conservators but also as appointed counsel for those adults who are the subject of guardianship and conservatorship proceedings, we certainly understand these feelings and the often-high levels of emotions involved with both guardianships and conservatorships, and our attorneys take great pride in our efforts to communicate clearly, effectively and compassionately to mitigate the negative feelings many of the involved parties may experience.