Guardianship and Conservatorship
Guardianship and Conservatorship
When a person can no longer make decisions about their health or their care, guardianship is one of the tools that can be used to get that person the help they need. Guardianship allows another person (such as a family member or friend) to make health care decisions for the person over whom guardianship is sought.
Once a person obtains guardianship over another person, the guardian must generally make decisions based on the incapacitated person’s goals, wishes, lifestyle, values, and judgments. This is known as the “doctrine of substituted judgment.”
Similarly, when a person can no longer manage their own financial affairs, conservatorship is one of the tools that can allow another person to manage someone’s finances for the benefit of the person in need of help. Most often, guardianship and conservatorship are sought together simultaneously in Alabama.
A Last Resort for Protecting Loved Ones
As elder law attorneys, the attorneys at Valley Estate & Elder Law are required to view guardianship and conservatorship as a last resort. This is because guardianship and conservatorship cut off a person’s right to decide what happens to their own body and their own assets, which are foundational rights of American citizens. However, when no other viable options exist, our attorneys help clients obtain guardianship and conservatorship over loved ones who face disability, decline, danger, or other special needs.
Guardianship and conservatorship generally involve the following parties:
- The person over whom guardianship and conservatorship are being sought;
- That person’s physician;
- That person’s family;
- The probate court of the county in which that person resides;
- An elder law attorney; and
- A bond company.
What is a Conservator’s Bond?
Alabama law requires conservators to post a bond as insurance against malfeasance. In other words, if you want to be someone’s conservator, you must purchase and submit to the court a type of insurance policy (called a conservator’s bond) that would effectively insure the estate of the person over whom you are seeking a conservatorship, and pay out if you did something improper with the person’s money or managed it improperly. The amount of the bond (and the corresponding bond premium) is generally proportional to the assets of the person over whom conservatorship is sought.
The attorneys, paralegals, and other team members at Valley Estate & Elder Law know the bond companies who deliver fast, affordable, and accurate bonds, and put them to use for our clients.
Why Choose Valley Estate & Elder Law to help with your Guardianship and Conservatorship?
Valley Estate & Elder Law is uniquely equipped to help clients with guardianships and conservatorships because our team has the expertise not only of the law, but also of local resources.
Our team cannot only obtain guardianship and conservatorship for you, but we can also connect you with the right partners outside of our law firm to help with things like residential placement of older adults, in-home care, hospice care, grief counselors, reputable estate sale companies, and more.
