Prescott Law Group, PLC – Prescott, AZ Law Firm

Guardianships and Conservatorships Attorneys in Prescott, Arizona

There are a number of reasons that cause a person to lose their mental competency. Aging, suffering serious brain injuries, or suffering from an intellectual or cognitive disability due to illness are some of the leading causes. If you are concerned about your loved one and whether or not they have the ability to make sound decisions, you may have legal options available to you to ensure their personal wellbeing is safeguarded and their assets are safe for many years to come. Working with a knowledgeable guardianships and conservatorships attorney in Prescott will help you decide the most appropriate measures to take moving forward.

Working with a responsive guardianships and conservatorships attorney in Prescott can help to make sure that the interests of a principal are accurately protected. Our team at Prescott Law Group, PLC has extensive experience helping families protect their loved ones. Our team can assess the need for a conservatorship or a guardianship, identify the most suitable persons to appoint to these roles, interact with the courts to ensure the rights of the principal are protected, and assure that the rights of family members, their property, and the person are all protected and respected with adequate oversight from the probate courts.

The Basics of Guardianships and Conservatorships in Prescott, Arizona

Conservators and guardians provide much of the same services as trustees and executors. When a principal is unable to handle their own matters, these appointed agents assist in taking care of both their personal needs and their financial affairs in some cases. However, It is important to understand each person’s rights and responsibilities, and the difference between guardianship and conservatorship.

Guardianship: A guardian is appointed to handle a person’s medical decisions and personal needs should they be unable to do so on their own. This includes determining what doctors a person sees, what general and invasive medical care they should undergo, where they will live, and various other important life decisions. Our team can help you choose a guardian and provide them with clear and effective instructions as to how they are to handle your affairs. Conversely, we can help you become the appointed guardian of a loved one.

Conservatorship: Conservators are designated to administer and assist in protecting a person’s assets. These individuals are appointed to handle their financial affairs, which includes the buying or selling of property, performing banking transactions, handling their investments, and various other actions. The ultimate goal of a conservator is to ensure the estate of the incapacitated person is managed properly.

Regardless of whether a person is a guardian or a conservator, it is important to understand that these agents are legally authorized to make decisions on behalf of the principal. Limits to these authorities can be drafted into guardianship or conservatorship documents. In general, it is crucial that this authority is provided to a person who truly cares about you, and the authority is limited to truly reflect your best interests. Our team has extensive experience handling conservatorship and guardianship cases and we are dedicated to helping you achieve the outcome you expect.

Guardianships in Prescott, Arizona

Courts typically designate guardians to make important decisions on behalf of individuals who are unable to do so for themselves. Quite often, age, an illness, substance abuse, or another incapacity prevents a person from making decisions regarding their own health and wellbeing. In an effort to ensure the best interests of the person are protected, a court will designate a guardian who can make these decisions on behalf of the principal to reflect their best interests.

Designees are able to make decisions for the principal in regards to housing, medical care, clothing, social activities, education, and more. Guardians may be appointed to represent:

  • Elderly adults who are living in group homes, nursing homes, or assisted living facilities
  • Adults who have dementia or Alzheimer’s
  • People who have special needs
  • Disabled individuals
  • The Estate belonging to a Minor

Conservatorships in Prescott, Arizona

Conservators are designated to make financial choices on behalf of a principal. These decisions typically surround money and property owned by the incapacitated person. Courts will generally appoint an individual or a financial institution as a conservator and designate them to handle the protected person’s money or assets. To appoint a conservator, a judge will need to determine if any of the following are applicable:

  • The protected person is unable to effectively manage their own assets
  • The protected person’s assets can be squandered
  • The Accounts of a Minor

Services We Provide For Our Clients

If you find that your loved one is no longer able to care for themselves, and they have no end-of-life plans in place, you may be able to petition the court to be appointed as either the conservator or guardian. A person typically applies for guardianship in cases where they want to assume the legal responsibility of caring for a person’s welfare once they are not able to continue doing so on their own. On the other hand, a conservator is a person that is placed in charge of managing a person’s business and financial matters should the individual lose the ability to do so.

Our guardianships and conservatorships attorneys in Prescott, Arizona provide an array of services to our clients should they need to assume either role for a friend or family member. Our team at Prescott Law Group, PLC can help you petition the probate court to become appointed as a person’s conservator, guardian, or both. We are available to provide you with assistance while petitioning for these roles or in handling matters regarding other designees who are misusing their authority. In these cases, our attorneys can help you petition the court to take over the role as a guardian or conservator for them.

Prescott Law Group, PLC is dedicated to making the probate process go as smoothly as possible. We do so by determining the most appropriate options available, depending on the unique circumstances of your case. Our team strives to provide trusted and effective legal guidance for our clients’[ while handling an array of cases, including those that require:

  • The appointment of a new conservator or guardian to prevent continued misuse by an existing appointee.
  • Determining who is the most qualified person to serve as a person’s conservator or guardian.
  • Determine who is available to provide the services as a legal guardian or conservator for your loved one.
  • Terminate existing conservatorships or guardianships based on the incapacity changing or due to a child reaching the age of majority.
  • Helping our clients prepare and establish accounts for conservators.
  • Reviewing, filing, pursuing, and responding to proceedings surrounding the appointment of a conservator or guardian.
  • Opposing petitions for a conservatorship or guardianship if they do not reflect our client’s best interests.
  • Court Approval of Minor Settlement Claims

Over the years, our team at Prescott Law Group, PLC has helped numerous clients determine the most appropriate actions toward protecting the legal rights and best interests of their loved ones. Our team strives to educate our clients with regards to options available for them so they are able to make the most appropriate decision when it comes to the appointment of a guardian or conservator. Our guardianships and conservatorships attorneys in Prescott are dedicated to helping our clients determine if there are any plans of action that best address their unique circumstances. If you are in need of assistance with a guardianship or conservator case, contact our law firm today to get started.

Prescott Law Group, PLC Can Help with Your Guardianship and Conservatorship Needs

Arizona has some of the most complex laws surrounding the legal protection of incapacitated parties. Rather than taking a chance in handling these complicated matters alone, you can benefit greatly from working with a legal team who can assist you with the drafting and filing of the legal documents necessary to ensure your rights are protected. Whether you are interested in becoming a guardian or conservator over another party, or interested in creating a plan for yourself should you become incapacitated, it is crucial that you seek legal guidance from a knowledgeable guardianships and conservatorships attorney in Prescott as soon as possible.

Our team at Prescott Law Group, PLC is dedicated to helping our clients protect their legal rights and best interests. We strive to help educate our clients so they are aware of the options available to them. Our team will meet with you at your earliest convenience and discuss your individual needs in order to determine the most appropriate steps moving forward. Do not leave your best interests and the best interests of your loved one to chance. Contact our guardianships and conservatorships attorneys in Prescott at (928) 445-1909. Schedule a case evaluation with our team at your earliest convenience to see how we can help you.