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Service · Guardianships & Conservatorships

When someone you love can no longer decide for themselves.

Capacity can slip away gradually, or in a single afternoon. We help families move quickly, carefully, and in the right direction, whether that means going to court or staying out of one.

Talk to a guardianship attorney See how we help

Guardian vs. Conservator

Two roles, often the same person, doing very different work.

Most families confuse these because the same person frequently holds both jobs. The court does not.

Guardian

Authority over the person. Decisions about where they live, who provides care, what medical treatment is consented to, and how their day-to-day life is arranged.

Housing & living arrangements
Medical & mental health decisions
Education & vocational planning (for minors)
Reporting annually to the court

Conservator

Authority over the finances. Managing income, paying bills, protecting assets, filing taxes, and making sure resources last and reach the right place.

Income, bills, & benefits
Investment & property management
Taxes & insurance
Annual accounting to the court

The same person can serve in both roles, but each appointment is granted separately, with its own duties and its own court oversight.

When It's Needed

Court intervention is rarely first, but sometimes it's the only right step.

If a person can no longer protect themselves and no valid powers of attorney are in place, the court may be the only authority that can act. These are the situations we see most.

No POAs in place

A parent has lost capacity before signing financial or healthcare powers of attorney. There's no document, and decisions still have to be made.

An adult child with disabilities

A child with developmental or cognitive disabilities turns 18, and parents lose automatic legal authority overnight.

Sudden incapacity

A stroke, traumatic injury, or rapid cognitive decline leaves a loved one unable to manage things, with no time to put advance planning in place.

Financial exploitation

A vulnerable adult is being taken advantage of by a relative, caregiver, or stranger, and existing arrangements aren't protecting them.

Decisions going wrong

Someone currently making decisions for a loved one is acting against their best interest, and a court-appointed guardian is needed to step in and protect them.

POAs being rejected

An existing power of attorney exists but is being ignored by banks, facilities, or family members, and a court order is the cleanest way through.

How We Help

A steady hand through a disorienting process.

Guardianship work is part legal, part procedural, and part deeply personal. We handle all three, and we don't push the court route when there's a quieter path.

Billed separately

Capacity Evaluation Coordination

Connecting the family with the right physician, neuropsychologist, or evaluator, and translating clinical findings into what the court actually needs to see.

Petitioning the Court

Drafting and filing the petition with the documentation judges expect, so the matter moves on the first hearing instead of being pushed to the third.

Emergency & Temporary Orders

When safety, finances, or care is at immediate risk, we move for expedited temporary authority while the full petition is being heard.

Billed separately

Annual Reports & Accountings

Once appointed, guardians and conservators owe the court ongoing reports. We prepare and file them so the appointment doesn't quietly fall out of compliance.

Alternatives First

When durable powers of attorney, healthcare directives, or supported decision-making can do the job, we say so plainly, even when it means less work for us.

The Process

From petition to first order, in roughly eight to twelve weeks.

Emergency situations move faster. Routine appointments move at the pace of the court. Either way, you'll know exactly what comes next.

Step

What happens

Consultation & Triage

We walk through the situation, confirm whether a guardianship is actually the right tool, and identify which alternatives might fit.

Capacity Documentation

Coordinate the physician evaluation or expert report the court will require. This piece is often the longest part of the timeline.

Petition & Filing

Compile the asset and income inventory the petition requires, then draft the petition, supporting affidavits, and proposed order. File with the probate court and arrange required notice to interested parties.

Notice & Guardian Ad Litem

The court appoints a guardian ad litem to interview the proposed ward and report back. We coordinate, accompany, and respond as needed.

Hearing

Present the case to the judge. When the petition is well-prepared, the order is typically issued the same day.

Letters & First Steps

Once appointed, you receive certified Letters of Authority. We file the required court Inventory and help with the bond if required.

Financial POA

A trusted person can manage finances without a court appointment.

Healthcare POA

A trusted person can make medical decisions when you can't.

Revocable Trust

A successor trustee steps in seamlessly if you lose capacity.

Supported Decision-Making

A formal support network that preserves autonomy.

Representative Payee

A Social Security designee to receive and manage benefits.

Advance Directive

A written record of medical wishes that travels with you.

Quieter Paths

The best guardianship case is the one you don't need.

Guardianship removes legal rights. It costs money, takes time, and continues under court supervision for as long as it's in place. When advance planning is still possible, the alternatives are almost always cleaner, faster, and kinder.

If you have a parent showing early signs of decline, this is the conversation to have today, not next year.

Explore advance planning tools

My sister and I weren't speaking by the time we showed up at Lotus. They didn't pick a side, they explained the law, walked us through our options, and helped us find a guardianship plan we could both live with.

Catherine W.

Guardianship client

Frequently Asked

Guardianship, in plain language.

How long does the whole process take?+

Roughly eight to twelve weeks.

Do I need a guardianship if I already have power of attorney?+

Usually not. A valid, well-drafted POA does most of what a guardianship does, without the court oversight. We typically only go to court when no POA exists, the existing one is being ignored, or the situation requires authority a POA can't provide.

What happens if family members disagree about who should be guardian?+

The court decides based on the best interest of the person needing care, not family politics. We focus on helping families reach agreement wherever possible, so the decision doesn't have to turn into a courtroom fight.

My adult child turns 18 next year. Do we need guardianship?+

Maybe, and the answer depends entirely on your child's level of capacity and the supports available. Sometimes a full guardianship is appropriate; sometimes a limited guardianship, a supported decision-making agreement, or simply healthcare and financial POAs are a better fit. We'll talk through it carefully.

What are the ongoing obligations of a guardian or conservator?+

Annual reports to the court for guardians; annual accountings for conservators, plus the day-to-day work of decision-making and good record-keeping. We can prepare and file these reports for you for a separate fee, so nothing slips.

How much does a guardianship cost?+

Petitions typically run $3,000 to $5,000 in legal fees, plus filing fees, the evaluation, and the guardian ad litem. We'll give you a clear estimate up front.

Begin When You're Ready

When the family has to step in, we make sure it's done right.

Bring the situation as it is, we'll show you the most thoughtful way forward.

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