Guardianship and
Conservatorship Lawyer
Legal assistance for guardianship and conservatorship
If someone loses the ability to make decisions about their life or property, a guardianship or conservatorship lawyer can help. These legal measures protect the individual’s rights while ensuring their affairs are managed responsibly. An experienced guardianship and conservatorship lawyer can guide you through these complex and emotionally charged processes.
What is guardianship?
Guardianship is a legal measure designed to protect a person who is unable to exercise their rights. It applies to someone who can no longer manage their affairs due to a lasting incapacity.
This measure is established by the court, usually after medical and psychosocial evaluations that confirm the condition of the person involved. The guardianship judge may then appoint a guardian, who could be a family member or a public conservator. Guardianship can cover personal decisions (such as medical care) or the management of the person’s property.
What is conservatorship?
Conservatorship is a less restrictive protective measure than guardianship. It is intended for someone who is still partially capable of acting independently but needs assistance with certain important decisions. The conservator, often a family member or a public conservator, helps the incapacitated person manage their assets and handle complex administrative tasks.
Unlike guardianship, conservatorship allows the person more autonomy, but it imposes oversight to prevent abuse or harmful decision-making.
Who can request guardianship or conservatorship?
The request for guardianship or conservatorship can be made by several different parties. The incapacitated person’s relatives, such as family members, are often the ones initiating the request. However, a representative designated by an existing protection mandate can also intervene. If no one involved takes the initiative, a public conservator may request the establishment of a protective supervision regime before the court.
To have the request accepted, medical and psychosocial evaluations are required. The judicial court then assesses the evidence presented and decides what measure should be implemented.
How to request guardianship or conservatorship?
The procedure involves several key steps:
1. Obtain medical and psychosocial evaluations
These documents, written by qualified professionals, confirm the incapacitated person’s condition. The medical reports should detail the limitations of the person to be protected and provide recommendations on the type of protection needed.
2. Prepare and submit the guardianship or conservatorship request to the court
This step involves preparing a complete file that includes medical certificates, the existing protection mandate (if applicable), and a statement of facts demonstrating the need for the measure.
3. Hearing of the person concerned
The court organizes a hearing to hear from the person involved. This step is crucial to assess their needs and gather their opinion, if they are able to express it. The judge may ask questions to better understand the situation.
4. Convene a family or friend meeting
This meeting allows discussion on how to implement the guardianship or conservatorship. Participants, chosen from among the person’s relatives, may suggest a guardian or conservator and discuss the specific needs of the person to be protected.
5. Final decision by the court
The judge evaluates all the elements presented, including the evaluation reports, recommendations from the assembly, and testimony. The decision made defines the type of measure to apply, the powers of the guardian or conservator, and the duration of the protection.
These steps may seem complex, but a lawyer can assist you with the necessary preparations and represent your interests before the court.
Can guardianship or conservatorship be contested?
Yes, it is possible to contest a guardianship or conservatorship. If the person involved or a relative believes that the measure imposed is not suitable or infringes on their rights, a lawyer can file a request for reevaluation before the court.
Here are the main steps for contesting a guardianship or conservatorship:
1. Consultation with a lawyer: The lawyer will analyze the situation and existing documents to identify the legal grounds for contesting the measure.
2. Gathering evidence: This includes recent medical evaluations, testimonies from relatives, and any other relevant documents to support the contestation.
3. Filing the contestation request: This request must be presented to the court with a clear argument explaining why the current measure should be revised or canceled.
4. Hearing before the court: The concerned parties, including the person under protection, may be heard by the judge. The lawyer will present arguments in favor of the contestation.
5. Court decision: After reviewing the presented elements, the judge will issue a decision, which may confirm, modify, or lift the measure.
Additionally, protective measures are reevaluated every five years or within a time frame set by the court, to establish whether the incapacitated person has regained some autonomy or that the guardianship conditions need adjustment.
Why consult a lawyer specialized in guardianship and conservatorship?
The procedures related to guardianship and conservatorship are often complex and emotionally charged. A specialized lawyer can help in a number of ways:
- Accurate legal advice: Lawyers know the intricacies of the law and can help avoid costly mistakes.
- Representation in court: A lawyer will present your case clearly and advocate for the most appropriate measure.
- Protection of rights: A lawyer will make sure that the rights of the person involved are respected throughout the process.
- Conflict management: In case of disagreements among relatives or with the public conservator, the lawyer can intervene to find a solution.
Why choose Medlégal for your guardianship and conservatorship matters?
At Medlégal, we understand the importance of putting in place effective legal protection for your loved ones. Here’s why you should choose us:
- Recognized expertise: Our human rights lawyers have extensive experience in guardianship and conservatorship cases.
- Personalized approach: Every situation is unique, and we will adapt our strategies to meet your specific needs.
- Comprehensive support: From the initial consultation to representing you in court, we’ll guide you every step of the way.
- Human and compassionate approach: We handle each case with sensitivity and respect, aware of the emotional challenges these processes pose for you and your loved ones.
Trust Medlégal with your guardianship and conservatorship processes and benefit from professional and human support. Contact us today to consult with a lawyer specializing in guardianship and conservatorship.