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Guardianships & Conservatorships

Guardianship and Conservatorship Attorney Makes Sure Your Dependents are Provided For

Arizona trust and estate lawyer helping you protect your family

When devising your estate plan, the care of your children is likely your foremost concern. John Even can provide you with sound advice and professional assistance with crucial decisions about the financial support, protection and guardianship of your children.

Choosing a guardian for your child

It is appropriate to select and name a guardian who will raise your children according to your parental philosophies. You should be aware that sometimes the court may reject a guardian who it finds is unwilling or unable to care for your child. I, therefore, suggest that you name an alternative guardian who can step into the role if your primary guardian choice is unavailable or rejected by the court. I also recommend that you thoroughly discuss your decision with your chosen guardian to make sure the guardian is willing and prepared to accept the full responsibility of caring for your child as you wish.

Caring for an incapacitated adult

I can help you arrange for the care of an elderly parent or disabled adult. I can assist you in the process to have yourself, or another concerned and qualified loved one, appointed as conservator. I can also guide you in choosing a professional conservator to manage your loved one’s financial needs responsibly for their best interests.

Importance of a making a will

Having named a guardian for your children is especially important if you are a single parent or in case both parents die at the same time. If you have not named a guardian for your children, the court appoints the guardian for your children — and may make a very different decision about that than you would have. Assert your right to make such parenting decisions and have them enforced by drafting a will — and updating it if the guardian you have designated dies or becomes incapacitated.

PRINCIPLED AND SENSITIVE ADVOCACY DURING ADVERSARIAL PROCEEDINGS

Parents who have lived independently are often resistant to having their adult children care for them, even as the infirmities of old age set in. If you see an urgent need to assume authority over an aging parent or other relative for their own good, you may have to petition the court to be appointed as a conservator of your loved one’s person and estate. Your loved one is entitled to counsel oppose you. If such circumstances arise, you can trust in my experience, professionalism and sensitivity, as we proceed with the legal process. My goal is not only to win the appointment, but as much as possible, to impress upon your parent the loving motivations for your actions.

EXECUTING A TRUST TO BENEFIT A SPECIAL NEEDS ADULT

If you are the responsible party in the life of an incapacitated adult, your estate plan should include a special needs trust to provide financial assistance after your passing. Leaving money directly to a person who receives Social Security Disability or Supplemental Security Income benefits could make them ineligible for assistance. By creating a trust, you ensure a consistent income stream that eases their financial burdens without jeopardizing eligibility. Your estate plan can also include provisions for requesting that the court appoint a conservator for your loved one at your passing.

GUARDIANSHIP/CONSERVATORSHIP

John has assisted many Arizona families in navigating through the court process when a loved one becomes incapacitated and is in need of a guardian or conservator through the court to manage his or her care and finances. However, he can not only provide guidance in these court proceedings, but he also provides planning in advance of an incapacity to avoid the need for court intervention in the event of a disability. With a larger and larger number of our State’s population facing Alzhemer’s/dementia issues today, you count count on him to be your advocate in any planning or court proceedings.

Are you worried about mom’s or dad’s capacity? I’ve put together a resource for you, “What is a Guardian and Conservator and When Does Dad need One?” Click the button below to access the resource:

Click Here to Request the Resource

Contact a thorough estate planning lawyer

John Even serves clients throughout Arizona. Call me at 602-663-9263 or contact me online to schedule a consultation at my Phoenix office.

 

 

 

 

Testimonials
  • "Once I made my initial call to Mr. Even‘s office I never looked back – great decision! His staff is courteous, caring and efficient. Mr. Even is professional, highly knowledgeable, good listener and adviser. I highly recommend Mr. Even. It is a privilege to have him on my team!"  -Trusts & Estates May 14, 2018

  • "John is an excellent wordsmith, and did a great job of putting my thoughts, ideas, and issues into a clear legal document. I have known and worked with him for 25 years on business issues, including business purchases, of two companies and then selling them for retirement. He is also a delightful person to work with and has an excellent group of to-workers."  -Estate Planning May 3, 2018

  • "He was willing to spend time explaining things."  -Estate Planning February 24, 2018

  • "We were referred to John by a neighbor and, frankly, couldn’t be happier with the responsiveness and quality of service. The estate planning services we’ve received in the past pale in comparison. Very, very pleased with the process and breadth of estate planning John provided."  -Trust & Estates October 10, 2017

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    • Phoenix Office
      1221 East Osborn Road
      Suite 105
      Phoenix, Arizona 85014
      Phone: 602-277-7000
      Fax: 602-277-8663
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