What is an Emergency Guardianship or Conservatorship Proceeding?

Guardianships, conservatorships, and other protective proceedings fall under the jurisdiction of the probate court. The probate court may appoint a guardian or conservator on behalf of a person if it finds a person to be incapacitated or in some cases, subject to undue influence. The proceedings for guardianship and conservatorship are rife with pitfalls, and elder law attorneys must navigate the nuances of pursuing or defending against claims.

A guardianship or a conservatorship is a court-supervised process for transferring an incapacitated individual’s rights to someone capable of providing supervision regarding care or finances. The procedures involved can be daunting and require a careful analysis of the risks and factors requiring the need for court intervention, required court evaluations and hearings, and other essential matters that impact the proceedings.

These protective proceedings come with inherent risks that often result in contested and litigated proceedings. A variety of issues beyond incapacity–such as financial abuse, fraud, misappropriation of assets, unacceptable accounting, and other critical issues–can be the basis for claims challenging the appointment or removal of a guardian or conservator. Attorneys must grasp these protective proceedings and available techniques to protect client interests.

This will be an opportunity for Herbert Machnik to share with other elder law attorneys our expertise relating to in-depth analysis of the legal, procedural, and administrative challenges of emergency conservatorships and guardianships. Benjamin will discuss critical issues in pursuing court intervention and orders, identifying risk and protective factors, and recent case law and standards of review, as well as offer techniques for conservatorship and guardianship litigation.

We will review these and other key issues:

  • What are the key issues and requirements for establishing guardianships?
  • What is the process and pitfalls to avoid in initiating protective proceedings and seeking conservatorship?
  • What techniques are available in overcoming issues in contested proceedings?
  • What are the challenges in transferring guardianship to another state or acquiring out-of-state recognition?

Benjamin Herbert and the Probate team at Herbert Machnik not only care about the continued education of our legal community, but about informing our clients too. If you have questions about what guardianship or conservatorship is, please call us today. Our knowledgeable legal specialists are here to help: 269-459-1432 or Contact Us here.