Comprehensive Planning. Lifelong Solutions.

How is a guardianship or conservatorship established?

The individual seeking to be guardian or conservator must acquire certification from a physician which states that the individual who is proposed to be incapacitated is unfit and unable to govern him or herself and manage personal, medical and financial affairs. A Petition is filed with the court which lists all related parties and describes the income and assets of the proposed incapacitated. Prior to the court hearing, the proposed incapacitated and immediate family must be served notice, and an attorney will be appointed to represent the proposed incapacitated’s interests. A hearing is then held to determine if a guardianship or conservatorship are necessary. If there is no contest, a guardianship and conservatorship will be established on the hearing date.

More Guardianship and Conservatorship FAQs

Print Friendly, PDF & Email
Free Seminars

“The Dangers of Doing Nothing” @ First Colonial

2017-10-17 at 10:00am
Reserve your Spot

“The Dangers of Doing Nothing” @ Oyster Point

2017-10-19 at 10:00am
Reserve your Spot
Testimonials
I am beholden to Mr. Hook and the entire staff who advised me during the difficult time following my sisters’ death. The firm was highly recommended and I understand why. Any bewilderment I felt going through the estate process was eased by the compassion and professionalism exercised by this law firm. I am eternally grateful.
Survey comments from M.W. 15434
Start Planning Now
Speak with an attorney today:
  • This field is for validation purposes and should be left unchanged.
Like us on Facebook