Elder Law / Guardianship & Conservatorship

guardianship-and-conservatorshipCaring for the chronically ill and incapacitated adult bears with it a host of legal responsibilities which are often complex, time-consuming and emotionally draining. Ken Labowitz is a practicing attorney of 35 years who has been AV-rated by his peers and is joined by Anne Heishman, who has brought her court room experience and concern for vulnerable clients to the firm.

Ken and Anne are devoted to helping people resolve the types of legal issues associated with caring for an incapacitated adult and managing the estate of a loved one, including:

  • Guardianship
  • Conservatorship
  • Estate administration
  • Contested fiduciary matters

Ken and Anne will assist you in handling these matters with the knowledge, experience and compassion they deserve.

Guardianship

A guardian is a person who has both the duty and legal authority to make daily and long term decisions for an incapacitated person (referred to as a ward) who can no longer make such choices for himself. Operating under Court appointment, a guardian is responsible for the following:

  • Living arrangements
  • Health care
  • End-of-life decisions
  • Transportation and other personal needs

Because of the seriousness involved in serving as guardian for an adult who lacks the capacity to care for himself, a seasoned attorney can be of great help in assuring these important decisions are made in an informed manner, and executed properly and timely.

Conservatorship

A conservator is a person who has both the duty and legal authority to manage the income and assets of an incapacitated person who can no longer tend to his own financial affairs. Operating under Court appointment and supervision, a conservator is responsible for the following:

  • Asset management, including real property
  • Payment of bills and other financial obligations
  • Paying for living arrangements
  • Health care costs
  • Transportation expenses
  • Determining extent and availability of insurance and other benefits

In most cases, the Guardian and/or Conservator is responsible for applying for benefits to which the incapacitated adult might be entitled, including Medicare, Medicaid, Social Security Disability, Supplemental Security Income, and other benefits.

The appointment of a Guardian and Conservator requires a court hearing, intervention of an independent guardian ad litem and medical testimony. Each case must be pursued expeditiously and with care and dignity, as it involves the ward’s ability to control decisions relating to:

  • Medical care
  • Place of residence
  • Financial assets
  • Legal proceedings
  • Disposition of assets

Given the sensitivity of many of these issues, it is important to have an experienced and compassionate attorney assist you in establishing a guardianship and conservatorship. Ken Labowitz and Anne Heishman are dedicated to service to clients in need of assistance of this kind.

Contact the firm today

For assistance in resolving any legal needs regarding elder law or guardianship & conservatorship, do not hesitate to contact Dingman Labowitz, P.C. today.