Elder Law and Legal Protections
If you become unable to make important personal and financial decisions independently, the court may create a legal guardianship or conservatorship for you. You have the ability to keep control over your life, though, if you act in advance. Contact attorney Kenneth Kirk in Anchorage, Alaska, to learn more about guardianship and conservatorship laws, as well as devices such as powers of attorney and living trusts which can help you to avoid losing your right to manage your own affairs.
Our firm represents people needing a legal guardian or conservator owing to a mental handicap, developmental delay, psychological disorder, substance abuse, or dementia. We also represent family members whose loved ones may be losing the capacity to make decisions for themselves.
- Legal Guardianships: When a person is appointed full legal guardian, they have the power to make virtually all decisions for the incapacitated person. These include living arrangements, medical treatments, and financial decisions.
- Partial Guardianship: When a person needs assistance in making decisions on specific issues, the court may create a partial guardianships.
- Conservatorships: A conservator makes decisions concerning only a person's finances.
The Guardianship/Conservatorship Process
The power granted to a guardian or conservator is vast, and it is important to get advice from one of our experienced attorneys concerning that action. The process begins by filing a petition with the court. The court will appoint an attorney for the person in need of assistance, and also a "court visitor", which is a social worker who will investigate the allegations of incapacity. The court may appoint a temporary guardian before it holds a full hearing.
Parties present all the facts and evidence regarding incapacitation at a legal guardianship or conservatorship hearing. People seeking the appointment, the lawyer for the protected person, and any other interested parties may speak at the hearing. It is thus important that you hire experienced counsel when you file a petition with the court, because otherwise if the case is contested, you will be expected to call and examine witnesses, introduce exhibits, and otherwise prosecute the case on your own.
To learn more about legal guardianships and conservatorships, contact Kenneth Kirk, Attorney. We represent people throughout Alaska, including clients in Anchorage and the Matanuska Susitna Valley, Palmer, and Wasilla.
