Determine who will control your assets when you can’t
During your lifetime there is one basic rule. Someone has to have legal control of you and your stuff at all times. When you are alive and well that is you. When you are alive and not well, someone else has to take control. Proper estate planning is essential to allow you to pick who those people are. When you have no estate plan or there is a gap in your estate plan, a court has to get involved to appoint a guardian to make decisions with regard to your person and/or a conservator to make decisions with regard to your assets.
Guardianship vs. conservatorship
Guardians and Conservators are appointed differently depending on the age of the person in need of help.
A guardian has control over the person
A conservator has control over the person’s property
Guardianship and conservatorship for minors
Since a minor is not able to make legal decisions for themselves they will always require the appointment of a guardian or conservator if there is no parent that is able to care for the minor. We work with you to select a guardian that shares your values and identify potential unconsidered obstacles to your desired guardian actually being able to serve.
guardianship and conservatorship for adults
Guardianship and conservatorship for adults is a little more complicated. Before a guardian and conservator can be appointed, there has to be proof that the person is not capable of making their own decisions or caring for themselves. The typical process is consists of several steps.
An interested person or the state will file a petition with the court alleging that a person lacks capacity.
Doctors or other professionals will usually examine the person and offer opinions on whether the person has capacity.
An evidentiary hearing will be held where the court will decide whether the person has capacity and who will be appointed as guardian and/or conservator.
The guardianship and conservatorship process is designed to provide protection for people when they are most vulnerable. Since the court makes the decisions in these circumstances, the person who is suffering from incapacity often has very little control over the process. Proper planning is essential to put your wishes in writing ahead of time so your voice can be heard when you are unable to speak for yourself.
“Mr. Rust prioritizes his clients and looks out for their best interest. Very quick to respond to your inquiries or needs. Mr. Rust is very oriented towards meeting goals of his clients.”
Planning ahead
Start planning ahead to ensure you stay in control of who is making decisions for you or your children should you suddenly find yourself incapacitated.
