Need help with a conservatorship or adult guardianship?
If a family member or friend no longer has the capacity to make important legal, financial, or medical decisions, that person may need a guardian or conservator. Unfortunately, having a court appoint a guardian or conservator usually requires a complex legal process, time, and--more often than not--money. This is true even if everyone involved agrees about what should happen, and family members often disagree, causing further complication. To help you with all of the challenges of appointing a conservator or guardian (or fighting an appointment that someone else wants), it’s wise to get help from an attorney.

An experienced estates law or elder law attorney can help you:

• assess the capacity of the person who might need a conservator
• manage and expedite the court process
• help you find solutions for problems that occur while you’re waiting for the appointment, and
• answer your questions about how guardianships and conservatorships work.

Looking for a Lawyer?
At Lawyers.com, you’ll find a user-friendly search tool that allows you to tailor results by area of law and geography. You can also search for attorneys by name. Attorney profiles prominently display contact information, list topics of expertise, and show ratings—by both clients and other legal professionals.

Ready to Meet With a Lawyer?
Before hiring a lawyer or law firm, make sure to speak directly—preferably in person—to the attorney who will be primarily responsible for helping you with the guardianship or conservatorship. Consider bringing to the conversation a list of questions and any documentation related to the situation of the person whose capacity is at issue. Remember that you don’t need to hire the first lawyer you consult and that, first and foremost, you want a lawyer you trust.

What to Ask a Lawyer
When gathering your thoughts and documents, think about what you’ll want to ask the lawyer. Here are some ideas.

Questions about working with the lawyer:

• How much experience does the lawyer have with guardianships or conservatorships?
• Who else will work on the case -- other lawyers, paralegals?
• What are typical attorneys’ fees and other expenses for a case like this?
• Who is responsible for paying attorneys’ fees and other expenses?
• How long will the whole process take?

Questions about conservatorships and guardianships:

• What is our state’s court process for appointing guardians or conservators?
• How is a person’s capacity assessed?
• What if not everyone involved agrees that a guardian or conservator is needed?
• What happens if the person at-issue regains capacity?
• What will the guardian or conservator be responsible for doing?
• When does a guardianship or conservatorship end?