Trust, Probate & Fiduciary Litigation

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.

At Schmidt Basch,LLC, we have extensive experience working closely with clients to fully understand their objectives in establishing adult guardianships. These can include assigning a trusted guardian to:

  • Make decisions pertaining to living situations and issues related to day-to-day care.
  • Managing financial matters, in selected cases, if specifically designated by the court.
  • Arranging for special training, rehabilitative care and/or supplemental counseling and ongoing emotional support.
  • Determine the best course of action for healthcare issues, including specific medical treatments, therapies, rehabilitative care, and long-term care.

Our attorneys have exceptional experience in establishing adult conservatorships protecting the interests of these adults. Trusted conservators will have a defined range of financial decision-making power, including:

  • Financial decisions regarding management of day-to-day expenditures ranging from day care, in-home care and housing to clothing and expenses for rehabilitative care or counseling.
  • Investments of the protected person’s assets, with the objective of protecting assets and securing reliable returns on all investments.
  • Review and approval of all financial expenditures.

Contact Schmidt Basch,LLC

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If you need guidance on structuring a guardianship or conservatorship for adults, finding an experienced attorney matters.

Contact Schmidt Basch,LLC today, and our team will promptly reach out to schedule your consultation.