Bolinger Law Firm, LLC – St. Louis Guardianship and Conservatorship Attorney

Dealing with the incapacity of a loved one is an extremely challenging time that can leave you feeling helpless. At Bolinger Law Firm, LLC, 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.

A guardian is an individual who is entrusted with the duties to make decisions on behalf of a minor or incapacitated adult regarding their wellbeing, medical care, maintenance and support (collectively referred to as “of the person”). On a similar note, a conservator is entrusted with the duties to make decisions on behalf of a minor or incapacitated adult regarding their financial affairs and property (collectively referred to as “of the estate”). 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 with the Bolinger Law Firm, LLC will discuss with you the legal process of becoming a guardian or conservator, inform you of the duties imposed on guardians or conservators, and represent you through the legal process. We are devoted to protecting your loved one and make the process as smooth and timely as possible. However, sometimes guardianship and conservatorship proceedings 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 represent their interests. Call us today at (636) 386-8322 to speak with a St. Louis guardianship and conservatorship attorney or to schedule an appointment.

Frequently Asked Questions

What are the legal terms used in guardianships and conservatorships?

For a guardianship, the incapacitated adult or minor is called the Ward. The fiduciary that oversees the incapacitated adult or minor is called the Guardian. On the other hand, the disabled adult or minor is called the Protectee in a conservatorship, while the fiduciary that oversees the disabled adult or minor is called the Conservator.

If I am appointed guardian, what are my duties and obligations?

Before commencing a guardianship proceeding, it is imperative to understand your duties and obligations as the guardian. The overall guiding principle as guardian is that the guardian must act in the best interest of the Ward. Within the guardianship spectrum of duties, if you have been appointed the limited guardian, you only have the powers and duties that are enumerated in the court’s order. However, if you have been appointed guardian without any limitations, then you must ensure that the Ward resides in the best and least restrictive setting reasonably available; make sure that 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; and exercise all powers and discharge all duties necessary for the benefit of the Ward. Additionally, if you are appointed the as guardian of a minor, then you have the custody and control of the Ward and must provide for the Ward’s education, support and maintenance.

If I am appointed conservator, what are my duties and obligations?

Once appointed conservator of the Protectee, you must file an inventory with the court detailing all of the Protectee’s assets, including all real and personal property. Additionally, you must never commingle any of your own assets with the Protectee’s assets and must receive court approval prior to expending any of the Protectee’s funds. Furthermore, you must provide an accounting of all transactions for the Protectee annually. The conservator must also receive permission from the court prior to selling, leasing, mortgaging or investing the property of the Protectee.