Guardianship & Conservatorship
Guardianship is a process designed to protect and assist people who are physically or mentally incapacitated due to age, illness or mental decline.
The basic types of guardianships are guardianship of a minor and guardianship of an adult, and guardianship may be of the person, property, or both. A guardian, who is appointed by the Court, makes decisions on behalf of, and cares for, the ward (incapacitated person or minor) always with the ward’s best interests in mind. These decisions may be regarding financial matters or medical and personal care, among other things. Guardianship proceedings are not always necessary and can be avoided in certain instances. However, when a guardianship is the only option, a guardianship lawyer’s assistance is very important. Casebolt Law Firm, PLC can answer your questions about your potential guardianship matter and help you throughout the process.
At Casebolt Law Firm, PLC our estate planning lawyer understands the importance of guardianship avoidance. Avoiding guardianship is an essential part of estate planning. Upon the death of a parent or grandparent, guardianship of a minor’s property can often be avoided with the proper use of a will or trust. Guardianship of an incapacitated person can often be avoided with the proper use of irrevocable living trust or advance directives including durable powers of attorney and designations of health care surrogate. Our estate planning attorney takes the time to discuss your individual situation and recommends a customized estate plan which includes guardianship avoidance.