Guardianship/Conservatorship Process

A Guardianship/Conservatorship involves the act of applying to the Probate Court for custody and control of either a minor or adult who cannot take care of their self.

Guardianship/Conservatorship of a Minor: This procedure would apply in the case where a non-parent (grandparent, relative) feels that the legal parent of the minor can no longer provide care of the minor, placing the child in an intolerable living condition.

Guardianship/Conservatorship of an Adult: This procedure would apply in the case where an interested person (child, sibling, parent) is concerned that their loved one, over the age of eighteen years old, cannot care for themselves. This could be for reasons of mental illness, dementia or infirmity. In most cases, a well drafted Durable Power of Attorney, executed by the loved one before they become incapacitated, will eliminate the need for the Guardianship process. However, in certain cases, the Guardianship/Conservatorship process is unavoidable.

At Ballou & Bedell we can help navigate families through these difficult decisions. Contact us for more information.

Web development by flyte new media