Midlothian Estate & Elder Law regularly represents clients in guardianship and conservatorship proceedings, both as the petitioning party and defending the interests of the alleged incapacitated individual. We review a guardianship/conservatorship questionnaire (pdf) with clients that serves as the starting point for our initial consultation. Despite the best of intentions, not every incapacitated person has a legally authorized agent designated to make financial, legal and medical decisions on their behalf. In those cases, Midlothian Estate & Elder Law attorneys can assist clients in petitioning the court for:
- Appointment of a guardian with legal authority to handle necessary personal and medical decision-making.
- Appointment of a conservator with legal authority to handle necessary legal and financial decision-making.
- Involuntary civil commitment order.
In many cases, the guardianship plan will include estate planning, Medicaid, and other long-term care planning, including special needs planning. Midlothian Estate & Elder Law has the experience necessary to advocate effectively for the authorization of those powers, in addition to the powers typically given to guardians and conservators.
Midlothian Estate & Elder Law attorneys are also available to serve as guardian ad litem. The guardian ad litem is the neutral attorney appointed by the court to represent the best interests of the alleged incapacitated individual and advise the court whether or not the appointment of a guardian and conservator is necessary. In appropriate cases, we are available to be appointed as guardian and conservator.
Additionally, when an incapacitated adult represents a threat to himself or others, Midlothian Estate & Elder Law can advise and represent family members in obtaining involuntary civil commitment orders, so that loved ones can receive necessary mental health treatment, as well as psychiatric medication.
