Starting Out
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starting out
The first place to start is to consult with a competent, elder law attorney. Set up a meeting to present information about your concerns. They can help you sort through the options and determine the best solution for your situation.


If a Guardianship or Conservatorship is sought, the protected person's competency must be evaluated. Obtaining a written statement by a medical professional that the person in question is not competent to manage themselves or their finances is a major obstacle to overcome, but should be obtained before filing a petition for appointment.

There may be witnesses of the person's behaviors, or records of actions, phone calls, arrests, medical reports, and so forth. Any documentation that you can obtain to support your claim that the person needs a guardian or conservator will expedite the process.

Present all of the information to your attorney, who will assess the situation and present a solution. If a Guardianship or Conservatorship is sought, a petition is filed with the circuit court in your county. The petition will contain the name of the proposed guardian or conservator, the reason for the appointment, the original letter from the medical practitioner stating that a Guardianship or Conservatorship is necessary to protect the person, and a general description of the current situation and estate. The court will usually assign a court reporter to investigate the claims and the situation.

In some cases, we have no standing to file a petition for our appointment. It is best to have a family member or other professional, such as an attorney, file for our appointment. If a family member sends us a letter asking us to file on their behalf, we can petition for the appointment and include the letter.

Once the petition is filed, all interested parties will be noticed and receive a copy of the petition. This includes, but is not limited to, immediate family, the protected person, all attorneys involved with the case, and other parties. They have two weeks to file an objection. Anyone can file an objection. If one is filed, a hearing is set to hear testimony regarding the petition and the objection.

The court will make the final decision regarding the proposed appointment at the end of the hearing.

The costs for such a process can range from $3,000 to $7,000, depending on whether an objection for the appointment is filed and a hearing is conducted.

For additional information,
please contact us.

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Disclaimer: The information provided on this website is not legal advice and should not be construed as such. For legal advice, please contact your attorney.