There may come a time when a family member becomes incapacitated or disabled, or when a child is born with certain disabilities and needs special care. In these cases, it may be necessary to establish a guardianship or conservatorship in order to best facilitate the care of the disabled or incapacitated individual.
At Yen Pilch Robaina & Kresin PLC, our team is here to help if you need a Phoenix guardianship or conservatorship lawyer by your side. We understand the challenges families face in these situations, and we offer compassionate assistance in your time of need.
It is crucial to understand the similarities and differences between guardianship and conservatorship. Both of these are designed to protect vulnerable members of society. In general, both guardianship and conservatorship are established to ensure the care of those who cannot care for themselves, whether it is because they are a minor, an incapacitated adult, or an elderly person.
- Guardianship. A guardianship is a legal means of protecting children under the age of 18. In general, we will be looking at two types of guardianships that may be important for your situation:
- Guardian of the person, which involves the legal and physical custody of a child, including responsibility for their safety, care, and health.
- Guardian of the estate, which involves responsibility for managing a child’s finances. The same individual is allowed to serve as a guardian of both the person and the estate, but that is not always the case.
- Conservatorship. A conservatorship can occur if the court determines that an adult is unable to care for their finances or personal well-being. In these cases, a judge will appoint a conservator to handle the finances and their care. Again, and similar to guardianship, there are two types of conservatorships – the conservatorship of a person and the conservatorship of an estate.
At Yen Pilch Robaina & Kresin PLC, our team is dedicated to assisting families who seek to protect the assets and security of their vulnerable loved ones. Our attorneys handle estate planning matters for clients throughout Arizona including Phoenix living trusts, wills, power of attorneys. and more. We understand that making a decision about conservatorship or guardianship can be challenging and emotionally fraught, but we are ready to help you through this.
- The Phoenix estate planning attorneys at Yen Pilch Robaina & Kresin PLC have dedicated themselves to educating families throughout Arizona about the importance of guardianships and conservatorships.
- Our team has decades of combined legal experience helping ensure that estate planning is understood by those who need this assistance the most.
- We provide personalized attention for every case that we take, which means that those involved will have direct access to their attorney as their conservatorship or guardianship is established.
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Both conservatorships and guardianships involve complex legal issues. Those involved should seek assistance from a Phoenix guardianship or conservatorship attorney as they move forward.
A guardianship attorney will help ensure that the conservatorship or guardianship is properly established and that those in control of the assets and well-being of another individual fully understand their role. If any issues arise during the administration of a conservatorship or guardianship, a conservatorship attorney will be able to step in and work with the court on behalf of the conservator or guardian.
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