Adult Guardianship/Conservatorship Attorney Chesterfield MO
Reaching out to an experienced person is the best thing you can do if you need assistance with adult guardianships and conservatorships. These aspects of the law can be confusing, and it is helpful to have a knowledgeable person simplify these concepts for you. Mark Harford Law can help you with every part of your legal matter concerning adult guardianships and conservatorships.
What is a Ward and What is a Guardian?
If someone (prospective Ward) is unable, by reason of some disability, to provide for their food, clothing, shelter, and safety (commonly referred to as “ADL’s”: Activities of Daily Living), they may need a Guardian appointed by the Probate Court to legally step into their shoes to make these important day-to-day decisions. A duly appointed Guardian can be granted Letters of Guardianship and legally provide provide the ADLs the Ward (an adjudicated Incapacitated adult) requires. Guardianship Letters can be granted giving the Guardian authority on a Limited Basis (“Limited/Partial Guardianship”) or complete control known as “Full Guardianship”.
What is a Protectee and What is a Conservator?
Beyond providing the prospective Ward with their ADLs, if a person is unable, by reason of some disability, to provide proper management of their finances, they can be adjudicated “incapacitated” and an appropriate person can be Granted “Letters of Conservatorship” to protect and manage the “Protectee’s” finances for the Protectee’s/Ward’s benefit.
Mark Harford can review the factual basis for petitioning for Letters of Conservatorship to legally find an appropriate person to conserve the Protectee’s finances for the Protectee’s benefit.
Legal Duties of a Guardian and a Conservator
A guardian and or a Conservator does not assume personal responsibility for the Ward’s or Protectee’s debts. The Guardian/Conservator acts in the Ward/Protectee’s best interests or risks removal by the Court. Conservators have a fiduciary duty to conserve the Protectee’s assets for the Protectee’s needs. The Guardian/Conservator are required to report annually to the Probate Court on the the Ward/Protectee’s status.
Guardianship/Conservatorships terminate upon a successful Petition for Restoration of the Ward/Protectee’s rights. Careful Analysis of the facts for Restoration, such as the Ward/Protectee’s ability to handle their own affairs subsequent adjudication of incapacity, can result if a Petition for Restoration is filed and the Court makes its finding the Ward/Protectee can resume partial or full control over their affairs.
Mark Harford can review the facts affecting the prospective Ward/Protectee’s estate and advise the best way to proceed, if any, and provide the duties a Guardian/Conservator must fulfill.
Contact Law Office of Mark Harford Today to Schedule a Free Consultation
Dealing with guardianship and conservatorship issues can be stressful even under the best of circumstances. The attorneys at Mark Harford Law have years of experience representing clients in guardianship and conservatorship cases. Contact us today to schedule a free consultation during which we can discuss the facts of your case.
You do not have to take on every aspect of a guardianship or conservatorship case on your own. Reach out to use today to learn more about the legal options available to you.
