Guardianships and Conservatorships

Where a person is too mentally ill to make medical decisions for themselves or too mentally ill to manage their financial affairs, a family member, friend or other individual can be appointed to represent the person’s interests as a guardian (health issues) or conservator (financial issues).

Generally, guardianships and conservatorships are thought to be useful in cases where a person is elderly and are often considered part of an area of law known as “elder law.” However, mental illness permeates all age groups, and a guardianship and conservatorship is useful for individuals of all ages. While a guardianship/conservatorship does not allow you to hospitalize or medicate the individual who suffers from a mental illness, these fiduciary appointments can allow a person to manage all other aspects of a mentally ill person’s life and allows the fiduciary full and complete access to what would otherwise be totally private information.

Our firm has dedicated a portion of its practice to litigating guardianship and conservatorship cases not only in cases involving elderly persons, but also in cases involving individuals of all ages. Oftentimes a guardianship and conservatorship appointment can be a critical tool that can be used by a family member or friend to assist a mentally ill individual, and Whitbeck & Cisneros’ attorneys have the experience and competence necessary in assisting clients in these types of cases.