When a person is or becomes incapacitated and unable to manage their person or their affairs, they will need a court to appoint someone as a guardian for their person and as a conservator to manage their finances. A guardian takes care of the incapacitated person, ensuring they have clothing, housing, meals, assistance with activities of daily living and receive their medications on time and in the proper dosages. While a parent has the right to make decisions for their minor children, when an incapacitated minor turns eighteen, the parent no longer has the right. The parent will have to apply to the court for a guardianship.
A conservator manages the incapacitated person’s finances. Some incapacitated persons will never be able to hold a job, or may never be able to work enough to earn more than a few thousand dollars a year. A conservatorship may not be necessary. However, if the incapacitated person is receiving, or will in the future receive, benefits under a federal government program, then a conservatorship should be sought through the courts. The federal government does not recognize state-valid powers of attorney – they only recognize court orders.
In each guardianship case, the court appoints an attorney to represent the incapacitated person, a visitor to investigate the situation and living conditions, and a doctor to examine and report on the incapacitated person’s medical and cognitive status.
Contact Our Firm For Guardian and Conservator Information
Our law office is familiar with the guardian and conservator court processes and will walk you through the procedure from petition to hearing. Our firm will keep track of deadlines and send all notices required by law. Rely on knowledgeable and experience for the needs of your incapacitated loved one. Contact our firm by filling out a short form here, or by calling our Helena Office at 406-482-8822 or Bozeman Office at 406-449-4829.