Conservatorships and Guardianships

Conservatorships

By designating successor fiduciaries and agents, we attempt to provide for our clients’ possible
incapacity without unnecessary cost or court supervision. For those without such estate planning
mechanisms in place, however, it may be necessary to establish a court-supervised
conservatorship of the estate.

At Valentine & Valentine, P.C., our services extend determining when such a conservatorship might be necessary, establishing the conservatorship, and providing ongoing advice to conservators – whether family members or professional fiduciaries – with respect to their rights and powers under both state law and the guidelines set by the court.

Guardianships

The trusts we create for our clients’ children and grandchildren as part of our clients’ own estate plans can also avoid the need for a court-supervised guardianship for a minor – the equivalent of a conservatorship for an incapacitated adult. Minors may not hold legal title to property. Therefore, assets inherited by a minor or received by a minor in a settlement agreement, which do not pass to a trust for the minor’s benefit, generally must be held by a guardian of the estate appointed and supervised by the court. We assist in establishing such guardianships and in advising the guardians as to their responsibilities for the minor’s assets.