Guardianships and Conservatorships Lawyer

Bratton Law Group Protects the Unique Legal Needs of Guardians and Conservators in NJ and PA

With any luck and some planning, you will hopefully live to a ripe old age and be able to take care of all your personal and financial needs. Not everyone is so lucky. If illness or accident strikes, some people find they need assistance handling their legal and financial affairs as they age.

If you are the spouse, adult child, or other loved one of a person who is not able to make decisions on their own, you may be able to convince a court to grant you guardianship or conservatorship over relatives who are elderly or incapacitated. The knowledgeable elder law attorneys at Bratton Law Group have helped many people like you obtain the legal authority they need to make decisions involving their loved one’s care. We also help the parents of children with special needs obtain similar authority once their children become adults.

At Bratton Law Group, we are committed to helping families secure the care and support their loved ones need. Whether you have questions about guardianship, conservatorship, or the legal steps involved, we’re here to guide you every step of the way.

Contact us today to schedule a consultation and let us help you safeguard the health, safety, and financial well-being of those who matter most.

Understanding Guardianships and Conservatorships

Guardianships and conservatorships are legal arrangements established by a court to protect individuals who are incompetent and otherwise cannot manage their personal or financial affairs. At Bratton Law Group, we understand the importance of guiding families through the guardianship process to ensure their loved ones are cared for properly.

What Is a Conservatorship?

A conservatorship focuses on managing the financial matters and property of the protected person. The appointed guardian takes responsibility for overseeing bank accounts, investments, bill payments, and other monetary obligations.

What Is a Guardianship?

A guardianship addresses broader responsibilities, including medical decisions and overall care for the protected person. The appointed guardian has the authority to make choices about where the individual lives, their daily routines, healthcare, and preserving their assets.

Types of Guardianships and Conservatorships

• Permanent: These arrangements remain in effect until a judge appoints a new guardian or decides to terminate the relationship.
• Temporary: A judge may establish temporary guardianships or conservatorships, often during short-term recovery from an illness or injury.
• Joint: Multiple people or agencies may share the decision-making responsibilities under a joint arrangement.

If you need assistance navigating the guardianship process, Bratton Law Group is here to help you protect your loved one’s health, safety, and financial security. Contact us today to learn how we can support your family.

The Responsibilities of a Conservator or Guardian

While a guardian or conservator should try to include the “protected” person in the decision process as much as is realistically possible, the ultimate responsibility for decision-making lies with the guardian/conservator. They must always act in the best interests of the protected person and will be held accountable for not taking proper steps. The guardian/conservator should have the authority to use some of the protected person’s assets for necessary expenses relating to their care. Guardians and conservators should not have to use their own funds.

Process After Declared Incompetency

When an individual is declared legally incompetent, the guardianship process begins to ensure their needs are met and their rights are protected. This process involves several steps, focusing on assigning responsibility to an appointed guardian who will make decisions on behalf of the individual.

Filing a Petition for Guardianship

The guardianship process starts when a concerned party files a petition with the court. This petition typically includes documentation proving that the individual cannot manage their personal or financial matters due to a mental or physical condition. Supporting evidence, such as medical evaluations, plays a crucial role in this step.

Once the petition is submitted, the court reviews the case to assess whether guardianship or conservatorship is necessary. This evaluation includes reviewing the individual’s ability to make medical decisions, handle financial matters, and manage daily living activities.

Appointing a Guardian or Conservator

After a thorough review, the court appoints a guardian or conservator to handle the individual’s affairs. The appointed guardian may oversee personal matters like health and medical decisions, while a conservator manages financial responsibilities. In some cases, one individual may serve in both roles.

Throughout this process, the court ensures that the appointed guardian or conservator acts in the best interest of the individual. Regular reporting and oversight safeguard against mismanagement, ensuring their health, safety, and financial matters are appropriately handled.

For guidance through this process, contact Bratton Law Group today.

A Power of Attorney May Be a Simpler Solution

If your aging loved one has the capacity to give you power of attorney, you will legally be able to act on their behalf without getting a court involved. The proper legal preparation of these documents, however, is critical to make sure that all parties are protected. When power of attorney is insufficient or not obtainable, for any reason, a conservatorship or guardianship may be a remedy.

Schedule a Consultation Today

Agreeing to take on a guardianship or conservatorship should not be a decision you make lightly. If you do agree to take on these responsibilities, you should make sure you are protected by carefully drafted legal documents that will stand up to family conflict. We have New Jersey offices in Cherry Hill, Linwood, and Ewing, as well as one in Philadelphia, PA. We represent clients in all neighboring locations.

Call 856 770 2744 to request a consultation with an experienced attorney at Bratton Law Group.