Guardianships & Conservatorships

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Guardianship and Conservatorship for the Elderly   When a senior or other loved one suffers from mental impairment, a court proceeding can be brought to establish a guardian, who will be appointed by the court to make personal and medical decisions for that impaired person.     If the senior's mental impairment also affects their ability to adequately  manage their finances, then a court proceeding called a conservatorship action can be brought.  In some situations, a conservatorship action can help stop the financial abuse of the impaired person by a relative, care-giver, or neighbor.   

In some situations, a Durable Power of Attorney may be able to be used to avoid a guardianship and/or a conservatorship proceeding.  Attorney Smith can provide advice and prepare the correct document for the situation at hand.

When a disabled child becomes 18 years old, the parents may wish to start a Guardianship and Conservatorship so that the parents can continue to make decisions for their disabled child, who is now an adult.  Attorney Smith can assist with this and has experience in bringing such actions.

Attorney Smith also has an adult step-son, Justin Smith, who is disabled because of autism.  Attorney Smith has been involved in helping make decisions about his care.

In some situations, it is beneficial to establish a Special Needs Trust, also known as a Supplemental Needs Trust, for a disabled individual.  The purpose of this specialized type of trust is to allow a disabled person to continue to receive government benefits, and be able to have their life supplemented by funds placed into that Special Needs Trust, but only if the appointed Trustee follows the rules regarding the administration of such a trust.  Attorney Smith has established many Special Needs Trusts for client and can also help with this.

Attorney Leslie Smith conducts Guardianships in Eagle, Idaho and the surrounding Boise area. She provides a free initial consultation for the first 1/2 hour.