GUARDIANSHIP AND CONSERVATORSHIP - PROTECTING VULNERABLE PERSONS
Becoming the guardian of a person or conservator over another person's property can be a complex process. The guardianship and conservatorship laws are intended not only to protect a person who cannot make responsible decisions because of a mental illness, cognitive deficit, physical disability, or other incapacitating condition but also to protect the person against someone seeking to make decisions about the person or the person's property for the wrong reasons. The proceedures for obtaining a guardianship or conservatorship are exacting. If the guardianship or conservatorship is contested, the process can be consuming.
A guardianship is appropriate where the person to be protected is an unemancipated minor or a person who because of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause lacks sufficient understanding or capacity to make or communicate responsible decisions about himself or herself. Obtaining a guardianship requires a petition in the probate court and a hearing. If necessary, a petitioner can apply for an emergency guardianship to obtain a temporary guardianship until a proper hearing is set. If you have a loved one who requires a surrogate decisionmaker because of dementia or other debiliitating mental or physical condition you may want to consider becoming appointed the guardian over the person.
A conservatorship is appropriate where a person needs protection because the person is unable to manage the person's assets and affairs because of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention in a foreign country, or disappearance. In addition, without a conservatorship the person's property will be wasted or dissipated and the person will not have funds necessary for the person's support, care and welfare or for the person's dependents. If an emergency situation arises, a petition for a temporary conservatorship can be filed in probate court.
TORLAW Can Help
Phillip Tor at TORLAW has worked in this area of law and mental health law since 1996 and has the experience to advise and represent you in a guardianship and conservatorship case. Phillip has represented clients seeking to be appointed as the guardian of another person and the conservator of another person's property. He is passionate about protecting people's legal rights when representing the person alleged to be in need of the protection of a guardianship or conservatorship. He knows the laws and procedures that must be followed and has the experience needed to succeed even in contested cases.
Phillip Tor is available to consult or provide representations in guardianship and conservatorship cases. If you would like to discuss your case with him you can contact him by email from this website or call his office at (520) 733-3700.
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