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Skilled Legal Guidance In Guardianships And Conservatorships

Guardianship or conservatorship is the legal proceeding in a state court where a person, called the “guardian” or “conservator,” is appointed to exercise some or all of the legal rights of the incapacitated person, called the “ward.” At Landry & Meilus, LLP, in Barre and Worcester, we handle guardianship and conservatorship cases in an efficient manner. Our attorneys have represented many cases of incapacitated persons at the request of their family members, friends and professional advisers. We develop unique legal solutions to meet your specific needs.

The Importance Of Timely Estate Planning

The health of an individual may substantially change overnight and lead to incapacitation and have catastrophic consequences. The legal tools provided in estate planning can be helpful to determine the handling of the individual’s assets and health care through some of the following legal documents:

  • Power of attorney, to appoint an individual to handle certain aspects regarding finance, businesses and property.
  • Health care proxy, which includes health care instructions in case of incapacitation to make medical decisions on behalf of the individual.
  • Trusts, which can help an individual determine the division of their assets in case of incapacitation and avoid probate in the event of death.

In the case of children, a parent can name a guardian of their child using a will. In addition, a trust can be used to protect and administer the assets and financial resources of minors until children reach adulthood. If none of these documents were drafted, a court procedure may be started. Massachusetts law establishes that a judge should appoint a ward for dependent adults. However, an individual can also file a petition to become a ward of a loved one.

Differences Between Guardianship and Conservatorship

Guardianship refers to the procedure started by a petition to become a guardian of an incapacitated adult. If appointed, a guardian will be entitled to make decisions regarding an individual’s care, physical safety and even the place of residence of the protected person.

Conservatorship also refers to a court procedure to be appointed the conservator of a protected person who is unable to manage their property and finances. The power of a conservator is regularly limited by a court.

Whether you want to protect your assets, your interests or your loved ones from an uncertain future through estate planning or wish to file a petition to become a guardian or a conservator, we are ready to assist you. Get the experienced and compassionate legal assistance you deserve.

Talk To Our Attorneys Today

Call 978-355-2289 or fill out this online contact form to schedule an appointment in our Barre or Worcester offices. We will ensure that your estate is managed well by the right person for the benefit of your family.