On January 20, 2015

Concluding our blog series Guardianships and Conservatorships: FAQs, below, we will provide some more responses to frequently asked questions about guardianships and conservatorships.

Additional Answers about Guardianships and Conservatorships

Q – What are the responsibilities associated with having guardianships and conservatorships?

While these FAQs can provide you with some important insight about guardianships and conservatorships, contact us when you need help obtaining them.

While these FAQs can provide you with some important insight about guardianships and conservatorships, contact us when you need help obtaining them.

A – While the specific responsibilities that a guardian or conservator has will vary from case to case (depending, of course, on how broad or limited the guardianships and conservatorships are), in general, the following can be some of the duties that a guardian or conservator may assume when stepping into this role:

  • Understanding and fulfilling the specific needs of a protected person
  • Maintaining the confidentiality of the conservator/guardian-protected person relationship
  • Trying, when possible, to include the protected person in the decision making process
  • Always acting in the best interest of the protected person when making decisions on his or her behalf
  • Avoiding situations in which it could appear that a conservator/guardian may have a conflict of interest
  • Meeting all court reporting requirements regarding the status of the granted guardianships and conservatorships.

There can be various other responsibilities bestowed upon guardians and conservators, and fully understanding these can be essential to the success of guardianships and conservatorships.

Q – Is there liability associated with guardianships and conservatorships?

A – Possibly. In general, liability issues with guardianships and conservatorships will only come into play when a guardian or conservator has:

  • Acted negligently in his or her oversight of the protected person;
  • Failed to ensure that the protected person has the care and/or support (s)he needs; and/or
  • Mismanaged the protected person’s finances.

Q – What is the process associated with obtaining guardianships and conservatorships?

A – Generally, in order to obtain guardianships and conservatorships:

  • A petition to establish these relationships has to be completed and submitted to the court.
  • Specific supporting documentation for the request (such as physician’s and/or psychiatrists’ reports) will also have to be submitted.
  • A hearing will be conducted to determine whether granting guardianships and conservatorships is appropriate in a given situation.

Because the health and safety of a loved one can rest on the outcome of these hearings, it’s strongly advised that people seeking guardianships and conservatorships work with an experienced attorney for optimal chances of success.

Denver Estate Planning Attorneys at JR Phillips & Associates, PC

Do you need help obtaining guardianship or a conservatorship? If so, you can turn to the estate planning lawyers at JR Phillips & Associates, PC. We provide a thoughtful, comprehensive approach to our clients’ estate planning, elder law and other legal needs, and we take pride in helping each of our clients and their families find the best solutions for them.

While this means that we provide personalized attention at every step of the process, it also means that our clients can rely on our Denver estate planning attorneys to always be competent, caring and professional while providing them with the highest quality legal services at affordable rates.

Contact Us

Let’s discuss your options during an initial consultation. To schedule this meeting, call us at (303) 741-2400 or email us using the contact form at the top of this page.

From our offices in Denver, we serve clients throughout the southwest and southeast Metro Area, including (but not limited to) people in Highlands Ranch, Littleton, Castle Rock, Parker, Aurora, Greenwood Village and Englewood.

Categories: Estate Planning, Guardianships & Conservatorships