Guardianship is the legal process of taking over decision-making for an adult who is incapacitated and unable to make medical, educational, living arrangements, and other personal decisions for themself.

Conservatorship is the legal process of assuming management of an adult’s financial affairs because their estate is at risk of waste or dissipation or because the adult is unable to handle their financial affairs on their own due to mental or physical reasons.

Both a Guardianship and a Conservatorship are civil lawsuits. This type of legal action is hard on families. Nobody wants to file a lawsuit to protect their loved one, but many times there may be no other option.

Our Attorneys at Theut Scaringelli & Kupiszewski, P.L.C. have helped families when their loved one is in serious difficulty, and their well-being and safety are in jeopardy. For example, if a loved one has dementia and does not realize that they are leaving the stove on and have set fire to their home or they are giving their funds away to strangers or invite strangers to live with them. Sometimes, an adult who is incapacitated is unable to make basic decisions for themselves due to degenerative disease, mental illness, drug or alcohol addiction, or traumatic brain injury. We represent family members who need to be appointed as guardians and conservators of their loved ones.

In some situations, families must take action even if their loved one does not want their help. The person whose rights are being taken away and who is alleged to be incapacitated has the right to object to the appointment of a guardian or conservator. They also have the right to object to the person who proposes to be appointed as their guardian and conservator.

This may result in a contested proceeding- litigation- and potentially a trial. The lawyers at Theut Scaringelli & Kupiszewski, P.L.C. Law have years of litigation experience representing both those who are requesting to be appointed as guardian and conservator and the alleged incapacitated person. We understand both sides of the situation and have the compassion to help work through the issues.

Litigation in such personal matters like a guardianship and/or conservatorship can be hard for everyone involved. Our experienced guardianship/conservatorship attorneys will work with everyone to try to negotiate the best resolution to this complex situation.

Call us today to schedule a consultation to discuss your matter and explore your legal options. and make a plan before crisis strikes.