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Guardianship and Conservatorship

Guardianship and conservatorship are legal concepts that have received increased attention and scrutiny in recent years. Though initially intended to allow concerned individuals to care for vulnerable people, both guardianship and conservatorship have been exploited by nefarious individuals to harm and take advantage of their wards.

Protecting The Most Vulnerable

Guardianship and conservatorship are intended to assist in caring for vulnerable people who cannot care for themselves. Courts are usually careful in assigning guardians or conservators due to the amount of power conferred to the guardian or conservator. Guardianship and conservatorship are distinct, though both confer a large amount of power over another individual, and escaping a guardianship or conservatorship can be legally difficult.

Guardianship

In most cases, legal guardianship is either assigned to children under 18 or adults who are elderly. When used in cases involving children, guardianship can allow caregivers to give the child a permanent home and control the child’s life without the termination of parental rights that is required for legal adoption.

When guardianship is pursued with adults, the caregiver is given power over an adult’s health, financial, or residential situation. Often the adult will have some kind of mental disability, such as dementia, that gives rise to the need to appoint a guardian.

Conservatorship

Conservatorship is similar to guardianship in that it grants control over an individual, but conservatorship can grant more control over an individual’s decisions. Conservatorship is granted over anyone who is unable to make legal, financial, or medical decisions on their own behalf.

Individuals who may be placed into a conservatorship include individuals who are physically disabled, intellectually disabled, or contend with serious mental issues, including psychosis, dementia, or suicidality. Once granted, the conservator can control all medical, financial, or legal decisions made by their ward.

Contesting Guardianship or Conservatorship

Guardianship and conservatorship are difficult to escape from. Because one of the key parts of granting a guardianship or conservatorship is demonstrating that the individual is incapable of being responsible for their affairs when that individual petitions the court to be released from their guardianship or conservatorship, there is a higher burden of proof to demonstrate that the individual is in fact competent enough to manage their own affairs.

One way to escape guardianship or conservatorship is to demonstrate that the conservator or guardian is abusive. Guardians or conservators who are physically, financially, or mentally abusive may be removed from their position of power, and this may provide an opportunity for the individual to escape being controlled altogether.

Fighting to Protect Your Interests

Obtaining guardianship or conservatorship over someone who needs it can be lifesaving. However, the process of obtaining guardianship is long and complex. However, attempting to escape guardianship or conservatorship can be an equally arduous challenge. With the help of a family law attorney, you will be able to protect your interests and ensure that you are able to protect vulnerable individuals without fear of overreach.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today for a free no-obligation consultation and begin your journey to justice.

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Guardianship and Conservatorship Frequently Asked Questions

1. What is a legal guardian?

A legal guardian is an individual who has control over making decisions on behalf of another person. In the majority of cases, a legal guardian is a parent, and the person that they have authority over is their child.

A legal guardian can make medical decisions, make financial choices, or take legal actions on behalf of their individual. Parental guardians can also make decisions regarding the education or religion of their child.

2. Can I become a legal guardian?

If you have a child or step-child with at least one parent who no longer has parental rights, you may be able to assume legal responsibility over them. In order to do so, you may need to complete the adoption process to legally assume guardianship over the child.

3. Is a step-parent a legal guardian?

Unless one biological parent has surrendered their parental rights, a step-parent cannot claim legal guardianship over a non-biological child. However, if a biological parent has surrendered their parental rights, a step-parent may legally adopt the child and assume full legal guardianship.

4. Who can become a legal guardian?

Individuals who can claim legal responsibility over a child may become guardians. Non-biological parental figures who may assume legal guardianship of a child include the child’s grandparents, aunts, uncles, step-parents, or adopted parents. Individuals seeking to become legal guardians may need to submit to background checks, safety audits, or other examinations.

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