Guardianship and Conservatorship are methods of obtaining legal custody of, or decision-making authority over, another person.
There are many different types of Guardianship and Conservatorship actions that allow people to care for loved ones who are not competent to care for themselves and who are unable to make their own decisions on a temporary or permanent basis. Vickstrom Law, PC can help you seek Guardianship or Conservatorship of an elderly person, a disabled adult child, a mentally ill person, a physically incapacitated person, or a spendthrift.
Adult or Elderly Person Guardianship and Conservatorship
Vickstrom Law, PC assists family members and nursing and medical facilities in obtaining Guardianship over siblings or elderly parents who have Alzheimer’s or other forms of dementia, mental illness, or physical incapacity. Typically, Guardianship is necessary when the person has not nominated a Health Care Agent through a Health Care Proxy . A Conservatorship is necessary when the person has not named an agent through a Durable Power of Attorney .
Adult Child (with special needs) Guardianship and Conservatorship
Parents may need to obtain court-ordered Guardianship and/or a Conservatorship of a developmentally-disabled child after the child reaches the age of 18 in Massachusetts. This type of Guardianship will authorize the parents to make medical treatment decisions, while this type of Conservatorship will allow parents to manage the adult child’s finances. Once a child reaches the age of 18, he or she has the right to make decisions about health care and where to live, even if the child is not competent to do so. Since developmentally disabled adult children are in most cases not held competent to sign a Health Care Proxy nor a Durable Power of Attorney , the parents must obtain this authority through the court.
Vickstrom Law, PC often represents individuals and nursing and medical facilities in actions to name Guardians in Rogers cases. A Rogers Guardianship enables a Guardian to obtain specific authority to make decisions for extraordinary medical treatment of an incapacitated person. Extraordinary medical care includes invasive medical care, treatment with antipsychotic medication, admission to a mental health facility, or withholding of treatment decisions such as DNR orders.
Due to the nature of the Rogers Guardianship proceedings, incapacitated individuals who are subject to this type of procedure are automatically appointed an independent attorney to safeguard their best interests. Vickstrom Law, PC accepts these types of Rogers Guardianship court appointments and is experienced with these proceedings from both sides.
Emergency Guardianship Proxy
An Emergency Guardianship Proxy enables a parent or parents to appoint another person to be the guardian of their child for up to 60 days without court approval. These proxies are useful when parents anticipate being unable to care for their child due to illness, travel, or any other reason.
The decision to apply for any type of Guardianship or Conservatorship is not an easy one and you probably have a lot of questions. We can answer those questions for you and help you navigate the process as well. No matter what type of Guardianship issues you face, Vickstrom Law, PC can help you get the right type of Guardianship and/or Conservatorship order in place.