Andover & Essex County Conservatorship / Guardianship Attorney
Do You Need a Conservatorship or Guardianship For A Loved One in Essex County? Contact Us To Ensure Your Loved One Is Properly Cared For.
In a conservatorship, the protected person is no longer able to make decisions about their property and assets. In the event that the person becomes unable to manage their finances and has no durable powers of attorney, a conservatorship may be necessary.
- Financial Conservatorship
- Emergency Conservatorship
- Joint Conservatorship
- Elderly Conservatorship
- Sole Conservatorship
- Conservatorship for Disabled Child
Establishing legal guardianship allows you to assume the responsibility for the care of a loved one when he/she is no longer able to do so for themselves or has some limitations in caring for himself/herself (financially, medically, etc.). It also can apply to minor children or special needs children.
Guardianship is designed to protect the rights and welfare of incapacitated persons and to safeguard their assets. It can be a complicated process that is best performed by an experienced attorney. Contact us to tell us about your situation.
Reasons for Establishing Legal Guardianship
- Parent has alzheimer’s, dementia or other incapacitating medical condition
- Mom / dad shouldn’t be driving
- Loved one does not have capacity to sell house or manage financial affairs
- Loved one cannot take care of him or herself
- A disabled child becomes an adult
- Minors are to receive assets (life insurance, inheritance, etc.)
What Is the Difference Between a Guardian and a Conservator?
While both guardianships and conservatorships are legal relationships that give one party the right to make decisions for another, guardians are appointed to care for people who are considered incapacitated, and conservators are appointed to protect people’s financial interests. Guardianship versus conservatorship is an important distinction to understand.
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Why Choose The Law Offices of Kimberly Butler Rainen?
- Proactive Approach – We help clients prevent legal problems and mistakes before they happen.
- Confidential Case Assessment – During your phone assessment, we will listen to you and help you determine your next steps.
- Focused Legal Practice – Our firm has always concentrated on wills, estate planning, elder law, asset protection, long-term care plans, and closely related areas.
- No Hidden Fees – Know the costs before starting (in most situations).
- Experienced – In our many years in business, we’ve helped hundreds of families protect their legacy and plan for their future.
- We Take Complex & Difficult Cases – This is where tenacity and knowledge of the law matter. We do what’s necessary, even in challenging situations.
- Alignment with Family Values – We help you consider family dynamics that better ensure your values are carried on.
- Highly Responsive – We strive for “freaky fast” returned client calls. No going dark or waiting days to hear back.
- Client Education Focused – You’ll get a clear & concise understanding of each step in the process. We offer monthly free seminars to all who are interested in attending.
- Trusted – National Academy of Elder Law Attorneys and The Academy of Special Needs Planners Member.
- Highly Reviewed & Rated – Super Lawyers Rising Star, Excellent rating by respected legal website Avvo, 5.0 review rating on Google. See some of our client reviews below.
Who Needs a Conservatorship?
Conservatorships are usually established for people who are incapacitated because of a coma, advanced Alzheimer’s disease or dementia, or other serious illness or disability that prevents them from managing their estate.
Conservators may not make loans to themselves or other people with the protected person’s money, make unwise investments or pay themselves for services without court approval. Conservatorship attorneys can help ensure that the conservator is paid reasonably to take on the responsibility, and it is generally expected to be the estate itself that pays the attorney fees.
Conservatorship duties for a protected person do include:
- Managing their finances
- Protecting their assets
- Maintaining accurate records
- Planning for future financial needs
- Investing responsibly
- Paying bills on time
Client Reviews – The Law Offices Of Kimberly Butler Rainen
Actual Words Clients Have Used To Describe Us & Their Experience:
“kind, patient, and knowledgeable,” “intelligent, thoughtful and professional,” “the respect with which everything was handled was what truly stood out,” “Kind, knowledgeable, and made us feel so comfortable with huge life decisions,” “treated me as a friend, making an unpleasant situation bearable,” “took care of all issues surrounding probate and settling of the estate,” “always available to answer questions and she took the time to give thoughtful, thorough explanations,” “so patient and professional throughout the process,” “was patient and translated all of the legal terms and jargon so we could all understand it,” “Working with Kim on our estate planning was so much easier than I could have imagined,” “I would recommend The Law Offices of Kimberly Butler Rainen to anyone without hesitation.”
If these things are what you are looking for in a law firm, then contact us to see how we can help you and your family.
What Is the Difference Between a Power of Attorney and a Conservator?
A power of attorney (POA) is generally set up before it is needed as part of the estate planning process. In most cases, a power of attorney is effective as soon as it is legally signed, unless the document itself indicates that the power of attorney will become effective only in a particular circumstance or on a certain date.
Some powers of attorney, called a springing durable power of attorney, become active when a person becomes incapacitated or unable to make decisions for themselves that are covered by the power of attorney.
A conservator is appointed by the courts to manage the estate of the protected person. Court intervention is usually not required for a power of attorney since the decision was made before the estate holder became incapacitated or needed protection.
Does a Conservatorship Override a Power of Attorney?
If a conservator is requested after a power of attorney has been established, the court may allow those powers to continue. However, if a court determines that the power of attorney is insufficient or that the estate holder did not appoint their power of attorney under ideal circumstances, the court may decide the conservatorship overrides the power of attorney.
In order to avoid an override of your or your loved one’s power of attorney, it is important to speak with an estate planning lawyer as soon as possible to ensure that the power of attorney is comprehensive. This must be done before the estate holder may be in a position to be found not competent to have made the decision appointing the agent in the power of attorney.
Deciding who needs a conservatorship vs. a guardianship is difficult for families. At The Law Offices of Kimberly Butler Rainen, we aim to make the process of considering all the options to protect you or your loved ones as easy as possible. When you are ready to consider moving forward with preparations for the most difficult of times, our conservatorship attorneys near you are ready to step in. Contact our office to schedule a consultation so we can help you plan how to take the right steps for you and those you love.
We help families within or near the Andover area and outside of Massachusetts when they need to handle issues or an estate for a family member within the state.
Clients come to us from Andover, Lowell, Haverhill, Dracut, Tewksbury, North Reading, Boxford, Wilmington, Reading, Chelmsford and Essex, and Middlesex Counties.