Tag Archives: ward

How to Know if your Loved One Needs a Conservator

It can be difficult to know when you should seek to be appointed as a conservator for a loved one. Every person’s situation is unique, so let us review all of the circumstances and help you determine the best course of action. To learn more about conservatorships, please read our blog titled “What is the Difference Between a Guardian and a Conservator?”

There are numerous situations that warrant seeking a conservatorship. Your loved one may need help if he or she:

  • Does not properly monitor or take his or her medication
  • Refuses to seek medical care, even if his or her health is suffering
  • Will not grant you access to his or her medical information or refuses to give you permission to confer with his or her healthcare providers
  • Is not capable of making proper healthcare decisions
  • Cannot safeguard his or her finances
  • Permits assets to be lost or wasted
  • Is the victim of financial, physical or emotional abuse
  • Fails to pay his or her bills
  • Refuses to give you authority to sign checks on his or her behalf
  • Is at risk of harming himself or herself
  • May be required to file a personal bankruptcy if you do not act

There are many reasons to act quickly if you think a conservatorship is needed. Being granted conservator powers will help you protect your loved one from physical harm and financial ruin.

To learn more about being appointed as a conservator or to discuss other elder law matters, contact our office to schedule an appointment.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning Lawyers Help with more than Wills

Most people think that estate planning lawyers only help with drafting wills and trusts. However, creating a comprehensive estate plan involves more than simply drafting documents. We assist you with reducing financial issues and stress for your family and loved ones. Having a will is part of this process, creating a trust may be included, but there are many other important things we can help you accomplish.

If you have accumulated wealth that you want to protect, we can create effective asset protection strategies, including creating an offshore trust. We also work to protect you from paying an overwhelming amount of taxes, we can reduce your liability for medical costs and establish other plans for preserving your assets. A seasoned attorney works with you to create a plan to protect your family and your estate. Once you have a plan, we create the necessary documents to put it into effect.

Most of our clients are surprised at the variety and depth of advice they receive from us. There are numerous options for distributing your assets and property. You also have flexibility in determining how and when your beneficiaries receive their inheritance. We will review your individual finances and circumstances, listen to your goals, and establish a plan that will not only carry out your wishes, but also protect your family.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

What is the Difference Between a Guardian and a Conservator?

The terms “guardian” and “conservator” are often used interchangeably because they are related concepts, but they have two different and distinct meanings in Utah. It is important to understand these differences when making plans for the care of your loved ones or for yourself.

Guardian

The appointment of a guardian allows that person to make decisions about another person’s or the “ward’s” well-being. As a result, the guardian should be somebody you trust to act in the ward’s best mental and physical interests. A guardian is often appointed by parents who wish to provide for their children’s care in the event they both should die. A guardian can also be appointed to assist a ward who cannot take care of themselves due to age or disability. The guardian is responsible for taking care of the ward’s daily living needs. A guardianship can be limited if the ward is able to take care of themselves partially but not completely.

Conservator

A conservator is appointed to handle a ward’s finances and assets. When you appoint a conservator, you want to select somebody who will act prudently in handling the ward’s estate. A conservator can be appointed to manage the estate of a minor who is too young to handle it, or because the ward is not mentally capable to do so. Unfortunately, you may not be able to select the person who acts for you if you are already incapacitated. Further, you don’t have the right to select a Conservator for a minor child.

A professional institution or an individual can be appointed by a court to serve as a guardian or conservator. In many cases, the person or institution can serve in both roles and take care of the ward’s daily living needs and their financial needs. Depending on the circumstances, this may or may not be advisable.

While guardians and conservators are important tools for protecting persons who are underage or have disabilities, when it comes to protecting assets, the use of a trust is far superior to use of a conservatorship. You retain control because you choose who becomes your trustee and how assets are managed.

If you have questions regarding appointing a guardian or conservator for a loved one or for yourself, contact us to schedule an initial consultation.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.