What Is Guardianship?
Guardianship refers to a legal process where the court appoints a trusted person, known as a guardian, to make decisions on behalf of a minor child or incapacitated person, including those related to health care, education, and daily life activities.
The primary goal of guardianship is to ensure the well-being and best interests of the ward or the person under guardianship, especially when they're unable to make informed decisions for themselves.
What Is Conservatorship?
In a conservatorship, the court appoints an individual to manage the financial affairs and assets of an incapacitated person, who is known as the conservatee. This may entail overseeing their bank accounts, real estate holdings, investments, and other financial matters.
It's the conservator's legal duty to make financial decisions that are in the conservatee's best interests, thereby safeguarding their assets and finances.
The Difference Between Guardianship and Conservatorship in Montana
While both guardianship and conservatorship aim to protect the interests of incapacitated persons, they serve distinct purposes. Guardianship focuses on personal and health-related decisions, whereas conservatorship centers on financial management.
In some cases, the same person can serve as both the guardian and conservator. However, the court may also decide to appoint separate individuals for each role, depending on the specific needs and circumstances of the incapacitated person.
When Is Guardianship or Conservatorship Necessary?
Guardianship or conservatorship becomes necessary when an individual cannot make informed decisions regarding their personal care or financial matters due to illness, age, or disability.
For instance, a senior with dementia may require a guardian to make important healthcare decisions. Similarly, someone with a severe cognitive impairment might need a conservator to manage their finances. The primary goal of both arrangements is to protect and promote the incapacitated person's interests.
What Services Do Our Guardianship and Conservatorship Lawyers Provide?
The experienced attorneys at HagEstad Law Group, PLLC, offer comprehensive services in the realms of guardianship and conservatorship in Montana.
The services we provide to Guardians and Conservators include:
- Living guardianship: Ensuring the well-being of incapacitated adults or minor children;
- Conservatorship for financial decisions: Assisting incapacitated persons in managing their finances and assets;
- Guardianship for healthcare: Making health-related decisions for those who are unable to do so;
- Guardianship for minor children: Protecting the interests of minor children when parents are unable to care for them;
- Legal guidance and representation: From petitioning the court to handling complex legal paperwork, we offer our clients an efficient, friction-free process.
Our lawyers are fully qualified to handle guardianship and conservatorship proceedings in Montana, including the crucial steps that come before and after the appointment.
Schedule Your Free Consultation!
Our attorneys are ready to discuss your guardianship and conservatorship needs. Schedule your free initial consultation at our Missoula office today.