Helping You Care for Your Family Members
You may have a family member or loved one who is unable to make decisions on their own behalf, either due to age or disability. You want to be able to provide for them and ensure their future is protected. In order to do so, it’s best to establish a guardianship or conservatorship, which will give you the legal rights to make medical and financial decisions on behalf of your loved one. Murphy & Murphy Law in Kaysville is here to help you gain this legal right so that you can ensure your family member is properly cared for. Please reach out to us if you would like more information about this process, and we can schedule a consultation to discuss your situation.
What is Guardianship & Conservatorship?
There are many cases in which a person may not have the capacity to make their own decisions. For example, a minor child whose parents have either passed away or who no longer provide adequate care would be unable to make the best decisions for him or herself. This is also true of adults who have a disability or have suffered an accident that’s left them incapacitated. Elderly individuals who have dementia or other issues may also be unable to make decisions for themselves. In all of these situations, a guardianship or conservatorship would give a family member or friend the legal right to make decisions on behalf of the individual, whether a minor child or an elderly relative. Establishing a guardianship or conservatorship will ensure you can properly care for your loved one and will not have to worry about them making a crucial mistake or being taken advantage of by others.
What’s the Difference Between Guardianship & Conservatorship?
Though the terms guardianship and conservatorship are often used in tandem, there is a crucial difference between the two. This difference is important to understand before attempting to establish one or the other. Our legal team at Murphy & Murphy Law will help you determine which option is best for your situation. In Utah, the primary differences between the two are:
- Guardianship: A guardianship gives another person, who is appointed by the court, the right to provide for the physical well-being of the protected person. This means making decisions about where they will live or attend school, as well as their medical care.
- Conservatorship: A conservatorship gives the court-appointed individual the right to provide for the financial well-being of the protected person. This means managing their finances and assets and making decisions about how the money is spent or invested.
Child Guardianship & Conservatorship
Minor guardianships are established during a court process and appoint an individual to care for the needs of a child under the age of 18. This process will allow the designated individual to make decisions about where the child will live, where they will attend school, and the type of medical care they will be given. A legal guardian acts much as a parent would. Murphy & Murphy Law is here to help you establish a guardianship for any minor children in your care. Even if the parents are no longer present in the child’s life, it is important for you to establish legal guardianship, so the parents cannot come back later and attempt to regain control of the child. Our team is here to help you and look out for the best interest of the child. In the event that a child has their own assets, a conservatorship will also need to be established in order for the guardian to manage the finances of the child.
Adult Guardianship & Conservatorship
In some cases, adults who have suffered a severe injury that has incapacitated them may also require a legal guardian or conservator. This is also true for adults with disabilities. In both of these cases, the court must declare a person incapacitated to the point that they are no longer able to make their own decisions about medical care or placement. Once this decision is reached, the court will appoint a guardian or conservator to make decisions on behalf of the protected individual. In regard to conservatorships, which handle the financial decisions, the court monitors the appointed conservator and requires annual reports about the use of the assets. Our team will help you establish a conservatorship or guardianship to help you protect your loved one.
Elderly Guardianship & Conservatorship
There are many cases in which elderly individuals are no longer capable of making decisions about their medical or financial care. Whether you have an elderly relative who has dementia or has an illness that has incapacitated them, establishing a guardianship or conservatorship is the best way to ensure they are properly looked after. With our help in establishing guardianship and conservatorship, you will be able to make all decisions on behalf of your loved one, so you know they are getting the care they need and that their assets are protected. Let us help you look after your family members.
Contact Us for a Consultation
If you are in a situation where you need to make decisions for a minor child or incapacitated adult, you need to be sure you go through the appropriate legal processes. The team at Murphy & Murphy Law will help you navigate the legal system, so you can establish legal guardianship and look after the best interests of your loved one. Contact our Kaysville Law firm to schedule a consultation today!