Guardianship Attorney Conservatorship Attorney
Estate Planning & Probate
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At The Law Offices of Donald J. Fournier & Associates, our lawyers offer clients sound advice about guardians and conservators.
Get in touch with our Top-Rated Essex County guardianship / conservatorship attorney Donald J. Fournier. Call (978) 810-7773 for Will, trusts, special needs and all aspects of estate planning.
In Massachusetts, a legal guardian or conservator can be appointed for a minor, mentally incompetent, disabled, or suffering from severe dementia. The Massachusetts Probate and Family Court appoints guardians and conservators through a public proceeding. Guardians are responsible for managing an individual’s medical and personal affairs, while conservators handle financial matters. It’s important to note that in Massachusetts, one person cannot hold both roles simultaneously, ensuring a clear division of responsibilities.
Upon their appointment, guardians and conservators assume specific duties. Guardians are responsible for overseeing the ward’s care, ensuring their well-being and safety. Conservators, on the other hand, are tasked with providing regular reports to the court on the individual’s property and finances, ensuring transparency and accountability.
When You Require Legal Advice
At the Law Offices of Donald J. Fournier & Associates, our team of highly skilled and experienced attorneys are here to assist families by:
– Defining the roles and duties of a guardian and conservator, as well as assisting with court documentation such as [specific types of documents] and legal proceedings like [specific types of proceedings].
– Exploring alternatives to court appointments and avoiding them whenever possible; and
– Creating a plan to ensure the care of minor children and dependents.
Below is an introduction to these topics. Every case is distinct, and we understand that your specific concerns are unique. Having a knowledgeable lawyer who can provide personalized legal support can save you significant time and expense. Baker Law Group offers a free initial consultation to see how we can help you.
Responsibilities of a Legal Guardian and Conservator
When a person is appointed as a guardian or conservator, they are entrusted with a crucial role. Understanding the full extent of the responsibilities that come with the role is paramount. These responsibilities are not to be taken lightly, especially when the ward is unable to manage their personal needs, medical care, or property.
One of the ongoing duties, and a cornerstone of the guardian’s or conservator’s role, is the regular reporting to the court. This is not just a formality, but a vital part of the process. After the appointment, a guardian must file care reports, while a conservator must prepare an inventory and account for the ward’s property, income, and expenses.
Additionally, a guardian may need to seek specific authorization from the court for certain actions. This is not a simple task, but a significant responsibility that comes with the role. Actions such as admitting the ward to a facility or administering antipsychotic medication require careful consideration and court approval.
Guardianship for Minors
Choosing a suitable guardian for your children in the event of your incapacitation or death is an essential and weighty decision. The role of a guardian is of utmost importance, and it’s advisable to design alternate guardians if your primary choice becomes unavailable or unsuitable.
While courts heavily weigh your preference for a guardian, they ultimately decide based on what is in your child’s best interest. This means that your choice is influential, but not absolute. For some parents, this decision may also involve specifying individuals as they prefer not to take on this role.
It’s essential to note that a Last Will and Testament only comes into effect upon your death; thus, any guardian you name in this document will not take on the role until that time. If you need someone to act as a guardian while you are still alive, Massachusetts law allows parents to appoint a guardian on a temporary or emergency basis, following a specific legal process.
When a Child is Named as a Beneficiary
Designating a child or grandchild as a beneficiary in a will, life insurance policy, IRA, or 401(k) can lead to unexpected complications and expenses. It’s crucial to understand the implications of this decision. A conservatorship for the minor’s estate might be necessary if the child or another individual cannot manage the inheritance. Furthermore, a conservatorship could still be required based on the size of the inheritance, even if a parent is taking care of the child. It is common for life insurance companies to insist on creating a conservatorship for a minor before disbursing any funds.
Avoiding Probate Court Proceedings
Individuals should express their preferences beforehand, specifying who should handle their assets and attend to their personal needs. Although, despite thorough planning, a guardianship or conservatorship might still become required, having the following documents carefully drafted can help prevent this:
– Durable Power of Attorney
– Health Care Proxy
– Living Will
– Property-Funded Trust
These documents also eliminate the need for court oversight, potential legal disputes, and the burdens that typically fall on a guardian or conservator, often a family member, making them feel valued and considered in the process.
Contact Us
Get in touch with our Top-Rated Essex County guardianship / conservatorship attorney Donald J. Fournier. Call (978) 810-7773 for Will, trusts, special needs and all aspects of estate planning.
Handling a Social Security Benefit
Suppose your sole responsibility is to manage a benefit provided by the Social Security Administration. In that case, you have an alternative to setting up a guardianship: becoming a representative payee for the individual. This role, which is authorized by the Social Security Administration rather than the court, is of utmost importance. However, being a representative payee does not grant you control over any other assets of the person.
