Guardianship & Conservatorship Attorneys in Missoula, MT

What Is a Guardianship in Montana?

A guardianship establishes a legal relationship in which the court appoints a trusted person to make personal and medical care decisions for another individual. This arrangement protects those who cannot make or communicate informed decisions regarding their daily lives, healthcare choices, or educational needs.

The guardian is responsible for making crucial decisions supporting the ward's well-being. Montana courts grant this authority only when necessary to safeguard the interests of vulnerable individuals.

What Is a Conservatorship in Montana?

A conservatorship focuses specifically on financial protection. When the court appoints a conservator, that person gains the authority to manage the financial affairs and assets of the conservatee — the person requiring assistance.

This arrangement might involve handling:

• Bank accounts management
• Real estate holdings oversight
• Investment decisions
• Bill payments and financial obligations
• Asset protection strategies

The conservator must act prudently, making financial decisions that benefit the conservatee and protecting their assets from mismanagement or exploitation.

Key Distinctions Between Guardianships and Conservatorships

While both guardianships and conservatorships aim to protect vulnerable individuals, they serve separate functions within Montana's legal framework.

A guardianship primarily addresses personal care decisions, including healthcare choices, living arrangements, and daily welfare matters. The guardian is the decision-maker for these personal aspects of the ward's life.

Conversely, a conservatorship revolves around financial management. A conservator handles monetary affairs, from routine bill payments to more significant financial decisions regarding assets and investments.

When Does a Guardianship or a Conservatorship Become Necessary?

Several situations might prompt the need for guardianship or conservatorship proceedings:

• An elderly parent developing dementia requires assistance with healthcare decisions.
• A person suffers a traumatic brain injury affecting their decision-making capabilities.
• A child with developmental disabilities reaches adulthood but needs continued support.
• An individual going through severe mental health challenges cannot manage their finances.
• Minor children require a guardian due to parental absence or incapacity.

These arrangements aim to serve the best interests of the vulnerable person while preserving as much of their independence and dignity as possible.

What Services Do Our Guardianship and Conservatorship Lawyers Provide?

HagEstad Law Group offers tailored legal solutions for families throughout Western Montana. Our attorneys provide clear guidance through every phase of the guardianship and conservatorship process:

The services we provide to Guardians and Conservators include:

• Living guardianship: Providing legal frameworks that protect incapacitated adults while preserving their dignity and independence to the greatest extent possible.
• Conservatorship for financial decisions: Creating legally sound structures for managing assets, investments, and regular financial obligations on behalf of those unable to handle such matters themselves.
• Guardianship for healthcare: Establishing legal authority for making critical medical decisions when loved ones cannot articulate or determine their own healthcare choices.
• Guardianship for minor children: Developing legal safeguards that protect children's interests when parents cannot provide adequate care or supervision.
• Legal guidance and representation: Helping clients navigate through complex court procedures, from initial petitioning to fulfilling ongoing reporting requirements and any necessary modifications.

Our lawyers possess the qualifications to handle all aspects of guardianship and conservatorship proceedings in Montana, including the preparatory steps and ongoing responsibilities after appointment.