We can assist you in securing appointment of a guardian and conservator in appropriate situations. Persons seeking appointment of a guardian and conservator typically fall into three categories: (1) adult children seeking to assist an elderly parent; (2) parents of children with disabilities age 18 or over; and (3) family members seeking appointment for a collateral relative such as an aunt or uncle who do not have children to assist with their care.
A guardian controls where the person subject to the guardianship (known as the “ward”) resides, and can consent to and approve medical care to be provided to the ward. A conservator is a fiduciary generally responsible for the ward’s financial matters.
To become a guardian and/or conservator, court approval is required. A brief petition is filed in the local district court in the county in which the ward resides. Several weeks thereafter, the case will be set for a brief hearing before a district court judge. The proposed ward should meet with an attorney who can verify that a guardianship and conservatorship is appropriate. The ward and their attorney must generally be present at the hearing.
It is also necessary to obtain a medical opinion that a guardianship and conservatorship is appropriate. Assuming these issues are all in order, the court will approve the petition and the clerk will issue letters demonstrating the appointment.