GUARDIANSHIPS AND CONSERVATORSHIPS
Dealing with the incapacity of a loved one is an extremely challenging time that can leave you feeling helpless. At Bolinger Law Firm in St. Louis, we understand your burden and work with you to make sure that your loved one has the necessary support system in place to tend to their financial and medical affairs.
If your loved one is incapacitated without a validly executed power of attorney in place, you may not know what the next step is to ensure that your loved one is taken care of. That next step is the legal appointment of a guardian and/or conservator.
What is a Legal Guardian & Conservator?
Guardian: A guardian is an individual who is entrusted with the duties to make decisions on behalf of a minor or incapacitated adult – a Ward – regarding their well-being, medical care, maintenance, and support (collectively referred to as “of the person”).
Conservator: On a similar note, a conservator is entrusted with the duties to make decisions on behalf of a minor or incapacitated adult – the Protectee – regarding their financial affairs and property (collectively referred to as “of the estate”).
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The Importance of Guardianships and Conservatorships
Without a valid guardian or conservator, it is extremely challenging to coordinate with the necessary financial and medical institutions to facilitate the care and maintenance of your loved one. A St. Louis guardianship and conservatorship attorney at the Bolinger Law Firm will discuss with you the legal process of becoming a guardian and/or a conservator, inform you of the duties imposed on guardians and conservators, and represent you through the legal process.
Guardian obligations:
- Make sure the Ward resides in the best and least restrictive setting reasonably available
- Ensure the Ward receives necessary medical care
- Promote and protect the care, comfort, health, safety and welfare of the Ward
- Provide required consents on behalf of the Ward
- Exercise all powers and discharge all duties necessary for the benefit of the Ward.
- As a guardian of a minor, you have custody and control of the Ward and must provide for his or her education, support, and maintenance.
Conservator obligations:
- File an inventory with the court detailing all the Protectee’s assets, including all real and personal property.
- Never commingle any of your own assets with the Protectee’s assets.
- You must receive court approval for transactions concerning the Protectee’s funds.
- Provide an accounting of all transactions for the Protectee annually.
How to Begin the Process
sTo begin the process of becoming a guardian and/or conservator, it is best to reach out to the Bolinger Law Firm first. We can guide you, ensure that you are completing the process legally, and become your advocate in the event of your request being challenged.
Be aware, sometimes guardianship and conservatorships can be contested when multiple parties want to be appointed. At that point, it is imperative that a St. Louis guardianship and conservatorship attorney represents you so that your loved one will receive the most suitable party to care for and represent his or her interests.
Why Bolinger Law?
Bolinger Law Firm has been helping families in the St. Louis area with their estate planning and family law needs for years. We offer the care, compassion, and legal experience to make what could be an overwhelming or intimidating endeavor seem easier and less stressful.
It is nice to know you have someone you can call who will be your advocate and give you the facts without having to sift through false information or feel flustered over the enormity of details.
We are devoted to protecting you and your loved ones and make the estate planning, trust administration, or guardianship and conservator process as smooth and timely as possible.
Beyond Guardianship
Preparing to take on the responsibility of guardianship and conservatorship is an emotional and difficult time. Whether you are considering taking care of a parent, a child, or a sibling, you need the support of legal counsel to help you navigate this important life change.
At Bolinger Law Firm, we are here to serve your estate planning needs in a trustworthy, meaningful way and build a relationship that can last a lifetime. Please reach out to us today if you need our help.
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Contact us for your free consultation today and feel the power of knowledge and the relief of knowing we are here for you. 636-386-8322