Guardianship & Conservatorship Attorney, Salem, MA
When a loved one can no longer make important decisions for themselves due to age, illness, or disability, stepping in to help is a big responsibility. Guardianship and conservatorship provide legal ways to care for someone’s personal and financial well-being. At Casey Lundregan Burns, P.C. We have been guiding Massachusetts families through these sensitive matters for over 90 years, offering the legal support and reassurance they need to protect their family members and their legacy.
We know these decisions are not easy. Whether you are trying to help an elderly parent, a disabled adult, or a minor who needs someone to manage their inheritance, we are here to help you understand your options and move forward with confidence.
What Is Guardianship?
Guardianship is a legal arrangement that allows a person (the guardian) to make personal and medical decisions for someone who cannot make them on their own (the ward). This might include:
- Medical decisions
- Living arrangements
- Daily care and well-being
- Educational decisions (for minors)
A guardian must act in the best interest of the ward, follow legal reporting requirements, and make decisions that align with the ward’s needs and values.
Types of Guardianship
Not every guardianship arrangement is the same. Depending on the circumstances, different types of guardianship may be necessary:
- Guardianship of a Minor: If a child’s parents are unable to care for them due to death, incapacity, or other reasons, a guardian may be appointed to provide for their well-being.
- Guardianship of an Incapacitated Adult: When an adult becomes unable to make decisions due to illness, disability, or cognitive decline, a guardian may step in to ensure they receive proper care.
- Limited vs. Full Guardianship: Limited guardianship allows the guardian to make decisions in specific areas, while full guardianship grants broader authority over all personal and medical decisions.
What Is Conservatorship?
Conservatorship is a court-appointed role that allows a trusted individual to manage the financial affairs of someone who can no longer do so themselves. This can involve:
- Paying bills
- Managing investments
- Handling real estate and property
- Overseeing financial planning
- Keeping records and providing court accountings
Types of Conservatorship
- Conservatorship for Adults: Often necessary for elderly individuals suffering from cognitive decline, mental illness, or physical incapacity.
- Conservatorship for Minors: Required when a child inherits money or assets that need management until they become an adult.
- Temporary vs. Permanent Conservatorship: Temporary conservatorships are granted for urgent matters, while permanent conservatorships involve long-term financial oversight.
Who Needs a Guardianship and Conservatorship?
There are many situations where guardianship and conservatorship become necessary. Some of the most common scenarios include:
- Elderly individuals with dementia or Alzheimer’s who can no longer make safe decisions about their health or finances.
- Adults with disabilities who may require assistance with personal care, medical decisions, or financial management.
- Children who inherit money or property and need a responsible adult to oversee their financial interests until they come of age.
- Individuals suffering from severe mental illness who are unable to care for themselves and require someone to manage their daily needs and finances.
- Accident victims with serious injuries who temporarily or permanently lose the ability to manage their own affairs.
In each of these situations, the court steps in to ensure that the individual receives proper care and financial management through a legally appointed guardian or conservator. If you are unsure whether a guardianship or conservatorship is right for your situation, we can help you explore your options.
The Legal Process in Massachusetts
Establishing a guardianship or conservatorship in Massachusetts involves filing legal documents with the Probate and Family Court. The process includes:
- Filing a Petition: A formal request must be submitted to the court, along with supporting documentation.
- Medical Evaluations: A Clinical Team Report may be required for incapacitated individuals.
- Court Hearing: The court reviews the case, hears testimony, and determines whether to appoint a guardian or conservator.
- Ongoing Responsibilities: Guardians and conservators must file regular reports and accountings to the court.
Because these cases involve personal and financial rights, the process is thorough and can sometimes be contested. We help families gather the right documentation, represent them in court, and ensure compliance with all legal requirements.
Why Families Trust Casey Lundregan Burns, P.C.
For three generations, we have helped Massachusetts families navigate the challenges of guardianship and conservatorship with compassion and legal experience. When you work with us, you can expect:
- Personalized Legal Guidance: Every situation is different, and we provide solutions tailored to your family’s needs.
- Decades of Experience: With 90+ years serving Essex County, we understand the legal landscape and the court process inside and out.
- A Compassionate Approach: Guardianship and conservatorship cases involve sensitive family dynamics, and we’re here to guide you through them with care.
- Holistic Estate Planning: We help clients plan ahead to avoid guardianship and conservatorship whenever possible, including power of attorney and trust planning.
Protect Your Loved Ones – Contact Us Today
If you are facing a guardianship or conservatorship decision, you do not have to do it alone. At Casey Lundregan Burns, P.C., we’re here to provide trusted legal guidance to protect your family’s future. Call us today at (978) 878-3519 or fill out our Contact Us form to schedule a consultation.