The Legal Consequences of Incapacity with no Preventative Legal Documents

What if you did not plan ahead and are now faced with a family member who has become incapacitated? Legal issues with guardianships and conservatorships.

Many states consider guardianships to be legal proceedings by which one person is appointed to care for the affairs of another while they are alive. Other states distinguish between guardianships [care for children] and conservatorships [care for adults]. Each state's laws vary in the specification of court procedures for both guardianships and conservatorships.

Regardless of the definition, it should be clear what is involved in the process of a conservatorship or a guardianship. A court supervised legal process has many disadvantages, compared to the way "care" services can be legally provided with some planning and attention to the law in your state.

If you would like to learn more about the documents that can help prevent guardianships and conservatorships, we have many articles on this site. You may also want to contact member services and get in touch with an attorney that will help you with your specific needs.

Posted in: Guardianship