Guardianships and Conservatorships
"One could characterize a guardian and a conservator as, respectively, attending to the duties of a mother and a father, were it not scandalously politically incorrect to do so." -- Anonymous
Infirmity of the mind can come at a moment’s notice and does not discriminate on the basis of ethnicity, nationality, or faith. Powers of attorney can be used to plan for such circumstances and allow others to be empowered to make financial and health-care decisions on one’s behalf, but not every individual executes one, and there are individuals such as those with intellectual disabilities who never have the legal competency necessary to execute a power of attorney. Guardianships and conservatorships exist to fill this particular need and allow for individuals to obtain decision-making authority on someone's behalf after an impairment or disability has been suffered.
A guardianship or conservatorship is a legal status created for a ward who is suffering from an impairment or disability which prevents him or her from making decisions regarding his or her physical, emotional, or financial well-being. In a guardianship, a guardian is appointed to make decisions on the ward’s behalf regarding the ward’s physical, emotional, and spiritual well-being. In a conservatorship, a conservator is appointed to make decisions on the ward’s behalf regarding the ward’s financial well-being. The distinction between a guardian and conservator is based upon the duties they perform and, in many cases, a ward requires the appointment of both a guardian and conservator.
Establishing a guardianship and/or conservatorship can be vital for safeguarding a disabled child and is an important consideration in special needs planning. Since 2013, the Law Office of Christopher J. Velez has been helping individuals and families in Southwestern Kansas navigate the process of establishing guardianships and conservatorships for their loved ones. And would like the chance to help you do the same.
Call (620) 277-3315 to find out what the Law Office of Christopher J. Velez can do for you in your guardianship and/or conservatorship matter.