We provide guardianship and conservatorship representation!At Bivens & Associates, we often represent people seeking court appointment as Guardian and/or Conservator, and then assist the Guardian or Conservator in fulfilling the duties imposed by these new roles.

Guardianship or Conservatorship is usually sought when the person to be protected (the “Ward”), is unable, due to mental illness, physical incapacity, or other reason, to act for him or herself in the areas of personal, medical, and financial decision-making. The Guardian or Conservator is, with few exceptions, able to make all financial, medical, and housing decisions for the Ward, and court intervention of this sort dramatically limits the civil liberties of the Ward.

Please be advised that Guardianship and/or Conservatorship is often necessary when the Ward fails to execute Power of Attorney while healthy, leaving no one with authority to take over these matters once they become incapacitated. In some instances, Guardianship and/or Conservatorship may still be necessary — even when a Power of Attorney document is in effect — if the Ward refuses appropriate medical and other care. This can also occur if the Ward mismanages their own finances due to cognitive decline. If you are concerned about a family member becoming a victim of financial exploitation, mismanaging their own assets, or unknowingly making poor and possibly harmful decisions concerning their personal well-being, this may be the solution to protect them.

Visit this page for further information on these topics, or give us a call to learn about the elder law services we provide.