Guardianship & Conservatorship

Protecting the Vulnerable with Dignity and Legal Expertise

One of the most profound responsibilities we can undertake is the care of another human being who cannot care for themselves. Whether due to age, disability, or injury, there are times when a loved one loses the capacity to make safe decisions about their health or finances. In these difficult situations, the legal system provides a mechanism to appoint a trusted protector: a Guardian or a Conservator. At the law office of Kenneth D. Bilodeau, we handle these sensitive matters with the utmost care and respect. We understand that seeking guardianship is often a last resort, arrived at after much soul-searching and concern for a loved one’s safety. We are here to guide you through the court process, ensuring that the rights of the vulnerable person are protected while giving you the legal authority you need to provide for their well-being.

It is important to understand the distinction between these two roles, although they are often pursued simultaneously. Generally speaking, a “Guardian” is appointed to make decisions regarding a person’s health, safety, and personal care. This includes deciding where they will live, consenting to medical treatments, and ensuring their daily needs—like food and clothing—are met. A “Conservator,” on the other hand, is appointed to manage a person’s financial estate. This involves paying bills, managing investments, selling real estate, and ensuring that the person’s assets are used for their benefit. In many cases, a family member will serve in both roles, but the court evaluates the need for each separately. We help you determine which authority is necessary based on the specific circumstances of your situation.

We frequently assist families with elderly parents who are suffering from dementia or Alzheimer’s disease. It is heartbreaking to watch a parent lose their independence, and it can be terrifying if they become susceptible to scams or start neglecting their own health. If your parent did not create a Power of Attorney while they were competent, you cannot simply step in and manage their affairs; you must petition the court for guardianship and conservatorship. This process involves filing a petition, notifying relatives, and providing medical evidence of incapacity. The court takes the removal of a person’s rights very seriously, so the standard of proof is high. We help you gather the necessary medical documentation and present a compelling case to the judge, demonstrating that this step is necessary for your parent’s safety. We handle the hearings with sensitivity, advocating for the appointment of a caring family member to take charge.

We also represent parents of children with special needs who are approaching their 18th birthday. In the eyes of the law, once a child turns 18, they are an adult with full legal rights, regardless of their developmental or intellectual disabilities. This means that, technically, a doctor cannot discuss their medical care with you, and you cannot make educational or financial decisions for them. To prevent this lapse in care, parents must seek guardianship of their adult child. We recommend starting this process several months before the 18th birthday. We work with families to tailor the guardianship to the child’s specific abilities. If a young adult can handle some decisions but not others, we can seek a limited guardianship that preserves as much of their independence as possible while keeping a safety net in place. This allows parents to continue being the fierce advocates they have always been for their child.

Once a Guardian or Conservator is appointed, the relationship with the court does not end. In fact, it is just beginning. Conservators, in particular, are subject to strict oversight. You are required to file an initial inventory of the protected person’s assets and then file annual accountings showing exactly how every penny was spent. These reports can be complex and tedious, and the court will scrutinize them for any sign of impropriety. We provide ongoing support to Conservators, helping them maintain proper records, keep estate funds separate from their own, and prepare these annual reports accurately. We ensure you remain in compliance with all court orders, preventing the stress of being called before a judge to explain a math error. We view our role as helping you succeed in your duties so you can focus on caring for your loved one.

Sometimes, guardianship matters can become contentious. If family members disagree on who should serve as guardian—perhaps siblings are arguing over who is best suited to care for a parent—the court process can become a trial. We have experience representing clients in these contested guardianship cases. We advocate for what is truly in the best interest of the incapacitated person, whether that means fighting for your right to serve or arguing against the appointment of a family member who may not have the best intentions. We also represent the subjects of guardianship petitions—the individuals themselves—if they believe they retain the capacity to manage their own lives and wish to contest the appointment. We believe everyone deserves a voice and zealous representation when their fundamental rights are at stake.

In some instances, we are able to help clients avoid the need for guardianship altogether through proactive estate planning. If a person is still capable, drafting Durable Powers of Attorney and Advance Healthcare Directives is a much less restrictive, less expensive, and more private way to prepare for incapacity. We always explore these options first. However, when those documents do not exist or are insufficient, guardianship is the vital safety net provided by the law.

At Kenneth D. Bilodeau ATTY, we approach guardianship and conservatorship not just as legal procedures, but as acts of love and protection. We know you are doing this because you care deeply about someone’s welfare. We are honored to stand with you, navigating the legal technicalities so that you can provide the care, stability, and dignity your loved one deserves.