Understanding Guardianships And Conservatorships

Estate planning, when done correctly, preserves wealth and protects all generations of a family. That includes protecting the rights and financial needs of elderly and disabled family members. At Lannik Law, LLC, we have more than 30 years of experience using guardianships and conservatorships to help people in Newton and the surrounding area accomplish that goal. Contact us to schedule a free consultation with a Newton guardianship attorney.

What Is Guardianship?

According to Massachusetts law, a guardian is a person appointed by the court to be responsible for the physical and financial care of another person – known as a ward if under the age of 18, and a protected person if an adult – who is unable to care for himself or herself due to being under 18 or suffering from a physical or mental disability. In the case of the elderly, the cause may be Alzheimer’s or dementia.

The duties of a guardian can include paying the ward’s bills, determining the ward’s living arrangements, deciding the status of the ward’s real estate and personal property, and more. A carefully crafted estate plan that includes trusts can make it unnecessary to go through the stress of obtaining guardianship of a loved one. A trust may also allow for greater flexibility. If guardianship is necessary, however, we can help you go through the court to obtain it and advise you on fulfilling all associated responsibilities.

What Is Conservatorship?

A conservatorship is similar to a guardianship but with one important difference: A conservatorship is limited to financial matters. As a result, a conservator is a person who administers assets for the benefit of a person who is incapacitated. As with guardianship, much of what can be accomplished through a conservatorship may also be accomplished by having a lawyer create an estate plan that includes trusts. We will review all options and help you pursue the one that makes the most sense for you and your family.

Let Us Review Your Situation

We invite you to call 617-485-0193 or use our online contact form to schedule a consultation. We can review your situation and recommend an effective course of action that addresses your unique needs.