Guardianship & Conservatorship Attorneys

Although guardianships and conservatorships are often discussed together, they serve distinct—and equally important—functions. A guardianship gives someone the authority to make personal, medical, and day-to-day care decisions for another person, known as the ward. A conservatorship gives someone the ability to manage the individual’s finances, property, and legal or business matters.

Both guardianship and conservatorship may be needed when a person is incapacitated due to age-related decline, dementia, disability, serious illness, or injury. In the case of minors, a conservatorship can be necessary when a child inherits money or property and needs a responsible adult to manage it.

Every situation is unique. Courts can structure these protections to be temporary or permanent, limited or full, and narrow or broad in scope depending on what the individual needs. In some cases, one person may act as both guardian and conservator. In others, the court may decide that separate individuals should handle personal decisions and financial decisions. While the court gives preference to close family members—spouses, parents, adult children, or siblings—any responsible adult with no conflict of interest may apply.

Our attorneys help you understand whether your loved one needs a guardian, a conservator, or both. We explain the legal standards the court will consider, what evidence is required, and how to present your petition effectively.

The court will review evidence to determine whether the person is incapable of making informed decisions. This often includes medical documentation, statements from healthcare providers, cognitive evaluations, and personal testimony from those who have observed the person’s decline or challenges.

Once the court appoints a guardian, that guardian has the authority to:

• Decide where the ward will live
• Approve or arrange medical care
• Coordinate support services
• Manage daily needs and safety

Make personal decisions that the ward cannot make independently

Guardians must always act in the best interests of the ward, preserve as much independence as possible, and report to the court as required. At Mihelich & Kavanaugh, PLC, we help guardians understand their responsibilities, maintain compliance, and navigate any issues that arise after appointment.

A conservatorship is used when an individual can no longer manage their finances, property, or legal matters. The conservator is responsible for safeguarding assets, paying bills, handling income, filing tax returns, applying for benefits, and ensuring that the protected person’s financial affairs are managed responsibly and ethically.

The responsibilities of a conservator may include:

• Opening a dedicated account for managing the estate
• Paying debts, utilities, taxes, and care expenses
• Managing investments or retirement accounts
• Maintaining real estate and other property
• Applying for government, insurance, or disability benefits
• Keeping detailed records of all transactions
• Filing inventories and annual accountings with the court

Because of the fiduciary nature of this role, conservators may need to post bond and provide regular financial reports. The court requires accuracy, transparency, and strict adherence to legal standards. Our attorneys help conservators prepare required filings, understand their duties, and avoid common pitfalls that can cause delays or court sanctions.

Petitioning for guardianship or conservatorship involves multiple steps—filing a petition, providing notice to interested parties, compiling medical documentation, attending hearings, and submitting detailed reports. For families already dealing with emotional stress, the process can feel overwhelming.

Our role is to make the process clear and manageable. We:

• Review your situation and identify the best legal path
• Prepare and file all necessary petitions and documents
• Gather supporting medical and financial evidence
• Represent you at all hearings
• Explain your rights, duties, and next steps
• Help you meet ongoing reporting obligations after appointment

We also advise on alternatives when full guardianship or conservatorship may not be required, such as powers of attorney, patient advocate designations, or limited court orders. Our goal is to find the most appropriate, least restrictive option that still provides the protection your loved one needs.

If you believe someone you care about is no longer able to make safe decisions for themselves, you do not have to navigate the process alone. At Mihelich & Kavanaugh, PLC, we provide the legal guidance and compassionate support families need during these difficult moments. Our attorneys will explain your options, help you petition the court, and ensure your loved one receives the protections that match their needs.

Call our office today or fill out our secure online form to schedule a consultation. We are here to help you protect your loved one’s safety, dignity, and financial future with confidence and care.