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Guardianship and Conservatorship

“My husband has developed dementia. He refused to sign a Power of Attorney while he was well. Now the bank won’t let me write checks on his bank account, and his doctor says he is not competent. What can I do?”

“My daughter is a special needs child. She is turning eighteen. How can I be sure that I can continue helping her with her decisions after she becomes an adult?”

“My father is making very bad decisions about his health, his living conditions, and his finances. Is there anything I can do to protect him from himself?”

At The Heritage Law Group, our attorneys and paralegals assist clients who have concerns about whether their loved one is able to make rational, safe decisions. In some situations, it may be necessary to ask a Court to appoint a Guardian or Conservator to help with these decisions. Usually, the Guardian and/or Conservator is a family member or a professional fiduciary.

A Guardian is responsible for managing the personal affairs of an incapacitated person. This may include the responsibility for making decisions regarding the person’s support, care, health, safety, residence, education and therapeutic treatment. A Conservator is responsible for managing the financial affairs and assets of the incapacitated person. This may include paying bills and managing investments. Depending on the situation, an incapacitated person may need just a Guardian or just a Conservator; in some cases, the person needs both. Our attorneys can help you identify which fiduciaries are needed and craft your court petition accordingly. 

Our ability to customize the Guardianship/Conservatorship proceeding in the context of your Medicaid planning is a special feature of our Firm. For example, if a person hopes to utilize certain asset protection strategies during the Medicaid application process, the Conservatorship Order must contain explicit authority to do so. Because the attorneys at The Heritage Law Group specialize in both Medicaid planning and Conservatorships, we are uniquely qualified to assist these people. Our clients include individuals, families, assisted living facilities, and nursing homes. We have represented clients in these petitions throughout the Commonwealth.