In an Elder Law proceeding, a guardian or a conservator may be appointed by the Court to step in to take actions and make decisions for an adult that the person petitioning the Court deems to be unable to act on their own behalf. If the court agrees with the person petitioning for the action, then the court will make a ruling for a guardian and potentially a conservator to be appointed in the matter.
Generally, in an Elder Law matter, conservatorships and guardianships are both legal actions and proceedings that are started because an individual in not capable of managing their own affairs at that moment in time. These situations may be temporary or may be long term. In essence, the action is to step in on behalf of that incapacitated person to manage their affairs, including day-to-day activities or finances. A guardian of the person is responsible for daily decisions about things such as living arrangements, health care decisions, and other personal needs of the elder in questions. The conservator of the elder is responsible for financial decisions on behalf of the elder in question. Most generally the guardian and the conservator are the same person.
The role of a guardian and the role a conservator are different. They have specific duties under Iowa law. An attorney can help protect you by ensuring that you both understand and meet those duties. An attorney may also help you get appointed by the Court or challenge the appointment of a different guardian or conservator that has already been appointed by the Court. Our elder law attorneys can provide assistance with the following:
When you are facing a difficult legal matter, you deserve a law firm that is committed to protecting your interests. You deserve Witherwax Law, P.C. Contact us online or call our office at 515-224-5377 for a free initial consultation.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.