Services

 Support when someone you love can no longer manage alone

Through illness, injury, or cognitive decline, a person may lose the ability to make their own decisions about finances, healthcare, or daily living. When that happens—and no legal plan is in place—family members may need to step in and request guardianship or conservatorship through the probate court.

At Wellborn Law Firm, we guide individuals and families through this sensitive legal process with clarity and compassion.

Adult guardianship (also called conservatorship in some cases) is a court-supervised process used to appoint a trusted individual to make decisions on behalf of an incapacitated adult. This may involve managing healthcare, living arrangements, or finances, depending on the situation.

The process begins with a petition to the probate court, asking it to determine that a person can no longer make sound decisions on their own. If the court finds sufficient evidence, it may appoint a guardian to take over personal, financial, or legal decision-making on the person’s behalf. The person under guardianship becomes known as the “ward.”

• Guardianship of the Person – Covers personal decisions, including healthcare, medical treatment, living arrangements, and overall well-being.
  
• Guardianship of the Estate – Covers financial and legal matters, such as managing income, assets, property, and expenses.
  

Sometimes, one person serves both roles. In other cases, responsibilities may be divided.

While courts often prefer close relatives like a spouse or adult child, any competent adult may serve as guardian if they can show they are best suited to the role. If no suitable guardian is available, the court may appoint a public or professional guardian.

Unfortunately, when no guardian has been named in advance, the process can become contentious, with disagreements between family members or concerns over elder abuse. Planning ahead with proper estate documents is the best way to avoid unnecessary court involvement.

A guardian may be responsible for:

• Paying bills and managing income
  
• Making medical and end-of-life decisions
  
• Choosing and overseeing living arrangements
  
• Managing real estate and other property
  
• Handling investments and insurance
  
• Keeping records and providing reports to the court
  

Because of the serious impact on the ward’s autonomy, courts take this process seriously—and so do we.

If you need to petition for guardianship or conservatorship—or simply want guidance on how to plan ahead and name your own guardian in case of future incapacity—Wellborn Law Firm is here to support you with care and experience.

To learn more or speak with our attorney Emily, click here to schedule a call.