Guardianship and conservatorship are court-supervised arrangements, each with rules that vary by state. If you’re planning your own care or thinking through options for someone you love, a LegalShield® Membership can connect you with a provider law firm.
A LegalShield Membership gives you ongoing access to a provider law firm for an affordable monthly fee. You get professional guidance for life’s legal issues. When you need assistance with complex issues like guardianship, your plan comes with reduced rates on additional legal services.
Rules vary by state, but guardianship and conservatorship usually come up when someone you love can no longer make decisions on their own. It might be an aging parent, an adult child with a disability, or a family member recovering from a serious injury.
Planning ahead can help too; a Will names who’d raise your minor children, and a Durable Power of Attorney and Living Will can reduce the chance a court needs to step in for a conservatorship. A provider law firm can talk you through your options.
An affordable monthly fee. No hourly billing form covered services.
billed annually at$647.46
billed annually at$539.46
billed annually at$647.46
billed annually at$539.46
billed annually at$431.46
1 hour of pre-trial help / 100 hours of trial time during the first membership year.
Earn additional hours each year, maxing out at 5 hours of pre-trial help / 300 hours of trial time after 3 years.
1 hour of pre-trial help / 60 hours of trial time during the first membership year.
Earn additional hours each year, maxing out at 5 hours of pre-trial help / 300 hours of trial time after 5 years.
1 hour of pre-trial help / 30 hours of trial time during the first membership year.
Earn additional hours each year, maxing out at 5 hours of pre-trial help / 150 hours of trial time after 5 years.
**Membership must be active at least 10 - 90-days, depending on plan selected, before benefit is available.
Manages someone’s personal welfare, including non-financial decisions such as medical care and where the person lives.
Manages another person’s financial affairs under court supervision, such as income, bills, and property.
The guardian is responsible for both personal welfare and finances.
Any of these can be temporary, emergency, or limited in scope, depending on the situation and your state’s rules.
A provider law firm can advise you on guardianship and conservatorship as part of your LegalShield Membership. Talk it through to decide what’s best for your situation.
A provider law firm can prepare your Will as part of your membership, including naming who you’d want to raise your minor children after you pass away. That way, your choice is documented rather than left for a court to decide.
A LegalShield Provider Law Firm can prepare a Durable Power of Attorney and a Living Will for you through your membership. Putting these in place lets the people you trust act on your behalf.
Then use the app or your computer to tell us what kind of help you need. Become a LegalShield Member and select “Estate Planning” through our mobile app or website.
Speak with an experienced lawyer who can help with family law issues, initial callback usually within a business day. Work with a provider law firm experienced in family law and familiar with your state laws.
A provider law firm drafts the documents you need under your plan, from your Will to a Power of Attorney.
The potential disqualifications vary by state. Common reasons courts may disqualify a person from serving as a guardian include a felony conviction or a recent bankruptcy. A judge can also turn down anyone the court finds unsuitable for legal guardianship.
A legal guardian’s power depends on what the court grants. Unless the order limits the role, a guardian of the person has broad responsibility for the ward’s care, housing, personal property, and everyday needs. Certain decisions, such as the selling of real estate, still may need a judge’s approval.
Source: https://www.nccourts.gov/help-topics/guardianship/guardianship
Adult guardianships are often open-ended, lasting until the court ends them rather than expiring on a set date. If the person regains capacity, they or someone helping them can petition the court for restoration. The guardianship will also generally end upon the person's death. Timelines vary depending on the type of guardianship.
Lawyer fees for establishing a guardianship can vary widely by state, by the complexity of the case, and by whether anyone contests it. With a LegalShield Membership, a provider law firm can give you a clearer picture of how much your specific situation will cost.
No. Conservatorships can end when the conservatee (person under the conservatorship) dies or regains the ability to manage their own affairs. It doesn’t usually stop on its own, though, so someone has to ask the court to end it.
A conservator’s authority is limited by the court order. For instance, they cannot merge the person’s money with their own or dictate what happens to their property after they die. Major moves, such as selling the person’s home, may require a court order.
Source: https://www.utcourts.gov/en/self-help/case-categories/gc/authority-conservator.html
A conservatorship comes with a few trade-offs worth weighing. It typically means loss of some independence and ongoing court involvement (such as regular reporting). Removing one later also takes its own legal process, which is why some people plan ahead by talking to a lawyer.
The money in a guardianship account belongs to the person under guardianship, not the guardian. The assigned guardian manages it in a fiduciary capacity and often must keep those funds separate from their own.
Source: https://courts.delaware.gov/forms/download.aspx?id=103768
Deciding on guardianship for your loved one can involve several considerations. Learn the purpose of legal guardianship and when it is needed.
In this guide, you can find more information on conservatorship vs. guardianship, as well as alternatives to these options.
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Talk to a designated law firm about guardianship and conservatorship and more with plans starting at $39.95/month.
