Guardianship and Conservatorship
Who an individual names as a Guardian/Conservator for either their minor children, disabled adult children, or themselves is a very personal decision and should not be taken lightly.
Most often parents do not want to consider the possibility that something could happen to them. Thus they make no provisions for the care and maintenance of their minor child, or even disabled adult child. When parents do not nominate an individual to serve as Guardian and/or Conservator then the Probate Courts are going to determine who is best fitted to serve. The individual the court picks may not be the individual Mom or Dad would have chosen.
Many adult individuals have executed a Durable Power of Attorney for Healthcare and Finances. This typically will negate the need for appointment of a Guardian/Conservator. However, there are some situations where a Guardian/Conservator may still be required. Again, when an individual does not nominate another to act on their behalf, then the court will appoint someone to act on your behalf. This may be someone that you would rather not be be making medical and financial decisions for you.
Even when a parent nominates someone to act as their minor child or disabled adult child's Guardian/Conservator or when an adult nominates an individual to serve as Guardian/Conservator for themselves under a Durable Power of Attorney, the court will still have the official say and will need to issue "Official" documentation to that effect. These are called Letters of Appointment.
The same process will occur when no one has been nominated as Guardian/Conservator for either a minor child, disabled adult child or adult individual. However,the Probate Court will nominate an individual, typically an immediate family member.
The Haggerty Law Firm assists those individuals with applying for Guardianship/Conservatorship with the Probate Court. We also assist individuals with the yearly status updates and accounting that the court requires. This process can be very time consuming, but The Haggerty Law Firm takes pride in making this process as easy as possible for you and your loved ones.