Guardianship & Conservatorship

Guardianship & Conservatorship: Compassionate Protection for Vulnerable Adults

In life, circumstances can sometimes lead to a point where an adult, perhaps due to advanced age, a debilitating illness, or a severe disability, can no longer make safe and sound decisions for their own personal care or manage their financial affairs. When comprehensive estate planning documents like Durable Powers of Attorney or Living Trusts are not in place, or when their validity is challenged, the legal system provides a vital pathway to protect these vulnerable individuals through Guardianship & Conservatorship proceedings. At the Law Office of Blaine Frierson, we provide compassionate, ethical, and experienced legal representation for families navigating these sensitive and often complex court processes, always with the unwavering goal of safeguarding the best interests and dignity of the incapacitated adult.

A Guardianship is a legal process through which a court appoints a guardian to make personal decisions on behalf of an incapacitated adult (often called the “ward”). These decisions can include determining where the individual lives, managing their medical care, ensuring their safety and well-being, and arranging for necessary services. A Conservatorship, on the other hand, is when a court appoints a conservator to manage the financial affairs and assets of an incapacitated adult (often called the “protected person”). This involves managing bank accounts, paying bills, overseeing investments, and ensuring financial stability. In many cases, the same individual or entity might be appointed as both guardian and conservator.

We understand that seeking a guardianship or conservatorship is a deeply personal and often difficult decision for families. It involves the court removing certain rights from an individual, and therefore, it requires strict adherence to legal procedures and robust evidence of incapacity. Blaine Frierson approaches these cases with immense sensitivity, recognizing the emotional toll they can take on all involved. Our aim is to guide you through this process with clarity, minimizing stress and ensuring that your loved one receives the protection they need.

Our comprehensive services in Guardianship & Conservatorship include:

• Petitioning for Appointment: We represent family members, friends, or other concerned parties who need to petition the court to appoint a guardian (for personal decisions) and/or a conservator (for financial decisions). This process typically requires demonstrating to the court, often through medical evaluations and testimony, that the individual is indeed incapacitated and unable to manage their own affairs or make safe personal choices.
• Protecting the Rights of the Alleged Incapacitated Person: If you or a loved one are facing a petition for guardianship or conservatorship, we provide vigorous legal representation to protect your rights. We ensure that due process is followed, that the evidence of incapacity is thoroughly reviewed, and that the “least restrictive alternative” is always considered, striving to preserve as much independence and autonomy as possible for the individual.
• Assisting Appointed Guardians and Conservators: Once appointed, guardians and conservators assume significant fiduciary duties and ongoing responsibilities. This includes filing initial inventories of the ward’s assets, submitting regular financial accountings, and providing periodic reports to the court on the ward’s personal well-being. We offer invaluable guidance through these complex reporting requirements and assist with any legal issues that may arise during the tenure, helping guardians and conservators fulfill their duties diligently and avoid potential personal liability.
• Resolving Family Disputes: Unfortunately, guardianship and conservatorship proceedings can sometimes lead to disagreements among family members. Disputes may arise over who should be appointed, what powers they should have, or how the incapacitated person’s affairs are being managed. Blaine Frierson is experienced in mediating these sensitive conflicts or, when necessary, representing clients vigorously in court to resolve disputes and ensure outcomes are truly in the best interests of the vulnerable adult.
• Exploring Alternatives to Guardianship/Conservatorship: Before pursuing court-ordered guardianship, we always prioritize exploring less restrictive alternatives. For instance, if a Durable Power of Attorney for healthcare and finances, or a Living Trust, were properly executed before incapacity, these documents often negate the need for court intervention. We review existing documents or advise on how proactive estate planning could have provided a less intrusive solution, emphasizing the importance of comprehensive planning for future peace of mind.
• Emergency Guardianship/Conservatorship: In urgent situations where an individual is in immediate danger due to severe incapacity and no other protective measures are in place, we can assist in petitioning the court for an emergency temporary guardianship or conservatorship, providing swift legal protection when time is of the essence.

At the Law Office of Blaine Frierson, our approach to Family Law & Divorce is client-centered and empathetic. We understand the emotional toll these matters can take, and we are committed to providing supportive counsel, clear legal advice, and tenacious advocacy. As your trusted family lawyer and experienced divorce lawyer, we empower you with knowledge, guide you through every decision, and fight tirelessly to protect your family’s best interests and secure a positive path forward. When your family’s well-being and future are at stake, you need a firm that treats your case with the utmost care, professionalism, and dedication it deserves. Let us help you navigate your journey with strength and clarity.