Age, illness, and injury can all inhibit the decision-making capacities of once independent individuals. When this occurs, it is up to loved ones to ensure that incapacitated individuals receive the quality of care they deserve — and that their finances are handled appropriately. A trusted lawyer can provide invaluable assistance during this process. Consider seeking counsel from Gemma Fenimore, a well-known guardianship and conservatorship lawyer with an excellent reputation throughout the Tucson area.
A guardian is a person appointed to handle the physical care of an incapacitated individual who is no longer capable of making appropriate decisions for him or herself. Guardians must arrange for all physical care, including shelter and health care. Guardians may be appointed either for minors under the age of 18 or for those incapacitated due to illness or dementia. Typically, guardianship designation occurs if a caretaker has not been identified via power of attorney.
Conservatorships are similar to guardianships in many respects, but focus on finances, rather than personal care. Conservators preserve finances for minors and adults incapable of handling their own affairs. Typically, the appointed conservator has the power to pay bills, invest assets, and enter into financial contracts on behalf of the incapacitated individual.
Establishing the Need for Guardians and Conservators
Before a guardian or conservator can be appointed, a related court hearing must be scheduled. In court, medical opinions and other evidence may be presented to demonstrate the individual’s need for a guardian or conservator. Additionally, the qualifications of those who desire to be guardians or conservators may be presented to the court. If the court determines that a guardian or conservator is needed, an appointment will be made. The appointed individual can then file necessary documents and receive certified copies of those documents.
Fenimore Law Firm, PLLC: Trustworthy Elder Law Representation
The designation of a guardian or conservator can be an emotional and sometimes contentious process. Gemma Fenimore recognizes the conflict guardianships and conservatorships can create. Her goal is not only to represent the best interests of the person requiring a guardian or conservator, but also to minimize family discord. Clients greatly appreciate her efforts, as well as her personalized approach to law. Look to Gemma Fenimore of the Fenimore Law Firm, PLLC for compassionate legal support during this difficult time.