Guardianship & Conservatorship

Protecting Vulnerable Adults

The well-being of our loved ones is always a top priority. However, sometimes due to age, illness, or disability, an adult may lose the capacity to make sound decisions for themselves, either regarding their personal care, their finances, or both. When no prior estate planning documents like Durable Powers of Attorney or Trusts are in place, or when disputes arise regarding their validity, the legal system provides a pathway to protect these vulnerable individuals through Guardianship & Conservatorship proceedings. At George Browning III PA, we provide compassionate and experienced legal representation for families navigating these sensitive and often challenging court processes, always with the paramount goal of protecting the incapacitated individual’s best interests.

Guardianship and Conservatorship are legal mechanisms through which a court appoints a qualified individual (the guardian or conservator) to manage the personal affairs and/or financial matters of an incapacitated adult (often referred to as the “ward” or “protected person”). This is a serious legal step, as it involves the court removing certain rights from an individual, and thus it requires strict adherence to legal procedures and robust evidence of incapacity. We understand that this is often a last resort, a difficult decision made by loving families who simply want to ensure their loved one is safe and cared for.

Our services in Guardianship & Conservatorship include:

• Petitioning for Guardianship or Conservatorship: We represent family members, friends, or other concerned parties who need to petition the court to appoint a guardian (for personal decisions like medical care and living arrangements) and/or a conservator (for financial matters like managing assets and paying bills). This process typically involves demonstrating to the court, often through medical evaluations, that the individual is indeed incapacitated and unable to manage their own affairs.
• Protecting the Rights of the Alleged Incapacitated Person: If you or a loved one are facing a petition for guardianship or conservatorship, we provide robust legal representation to protect your rights. We ensure that due process is followed, that the evidence of incapacity is thoroughly reviewed, and that the least restrictive alternatives are considered, preserving as much independence as possible for the individual.
• Serving as Guardian Ad Litem: In some cases, the court may appoint an attorney to serve as a Guardian ad Litem, whose role is to investigate the situation and represent the best interests of the alleged incapacitated person, providing an unbiased report to the court.
• Assisting Appointed Guardians and Conservators: Once appointed, guardians and conservators have ongoing fiduciary duties and responsibilities, including filing inventories of assets, submitting regular financial accountings, and reporting on the well-being of the ward to the court. We guide appointed guardians and conservators through these complex reporting requirements and assist with any legal issues that arise during their tenure, helping them fulfill their duties diligently and avoid personal liability.
• Resolving Disputes: Unfortunately, guardianship and conservatorship proceedings can sometimes lead to disputes among family members over who should be appointed, what powers they should have, or how the incapacitated person’s affairs are being managed. We provide skilled mediation and litigation services to resolve these conflicts, always striving for outcomes that are in the best interests of the vulnerable adult.
• Exploring Alternatives to Guardianship/Conservatorship: We always prioritize exploring alternatives to court-imposed guardianship or conservatorship. For example, if a Durable Power of Attorney for healthcare and finances, or a Living Trust, were properly executed before incapacity, these documents can often negate the need for court intervention. We review existing documents or advise on whether proactive planning could have avoided the need for a guardianship, emphasizing the importance of a comprehensive estate plan.
• Emergency Guardianship: In situations where an individual is in immediate danger due to severe incapacity and no other protective measures are in place, we can assist in petitioning the court for an emergency temporary guardianship or conservatorship, providing swift legal protection.

At George Browning III PA, we approach Guardianship & Conservatorship cases with immense sensitivity and a profound understanding of the emotional toll they can take on families. Our goal is to provide clear, empathetic legal guidance and tenacious advocacy, whether you are seeking to protect a vulnerable loved one or defending against an unnecessary petition. We ensure that the process is handled with the utmost care and in full compliance with legal requirements, ultimately securing the safety, dignity, and best interests of the incapacitated individual.