A guardian is a court-appointed person responsible for making healthcare, educational, legal, and sometimes financial decisions on behalf of a vulnerable adult or child.
It is devastating to watch a loved one lose his or her independence. When your loved one cannot make sound decisions concerning his or her own welfare (whether due to youth, old age, incapacity or illness), it may be necessary to appoint a legal guardian on his or her behalf.
We take time to fully explain the role of a guardian, with an in-depth discussion of a guardian’s responsibilities associated with a guardianship. Our goal is to help you fulfill your duties thoroughly and in a way that avoids future legal conflicts. Some of the key responsibilities a guardian fulfills include:
Controlling the ward's assets to the extent that you are responsible for payment of living expenses and medical bills;
Providing an accounting to the court at least once a year to ensure compliance with guardianship responsibilities;
Ensuring compliance with your loved one's wishes by medical staff, healthcare providers, religious officiates and others in positions of authority;
Keeping other family members and loved ones informed of decisions you make on the ward's behalf, as well as providing updates about the ward's medical and/or financial status when requested; and
Ensuring the family member is given adequate medical care and has necessary access to assets while still allowing him or her as much independence as possible under the given circumstances
If you need a lawyer to help establish a guardianship for a parent, disabled individual, or a minor child, please contact Lynn Law Office.
A conservatorship is a legal process wherein the court appoints someone responsible for another person's finances and asset distribution. When a loved one can no longer manage finances and bills or is being taken advantage of financially, his or her family may seek to establish a conservatorship. At Lynn Law Office, we are prepared to address all legal issues surrounding the appointment of conservators and ensure they fully understand the practical and fiduciary duties involved with the process. We strive to help families work through the hostility and strife sometimes associated with these proceedings, allowing their loved ones to get the financial support and supervision necessary.
We assist conservators in seeking an appointment initially, and then in fulfilling their legal responsibilities and avoiding common mistakes that could constitute a breach of fiduciary duty. We are prepared to deal with matters such as:
Providing an accurate accounting of all finances and assets;
Protecting and responsibly using assets to benefit the person in need;
Filing actions against those abusing their position of trust, including an individual acting as an appointed conservator with power of attorney;
Making sure that any liquidated property receives fair market return when sold;
Preserving assets to help ensure the financial stability and care of a loved one in the future;
Posting any necessary bonds with the court; and
Making important financial decisions that affect the family.
We will work with you to find solutions that are in the best interests of the Ward. Our focus is guiding conservators to fully understand what is required of them when they assume this important position of trust so that the Ward is fully protected and to help eliminate costly litigation. We also assist other family members who must take action when a conservator has failed to perform his or her duties.