Estate Planning

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Guardianship versus conservatorship is an important distinction to understand. Guardianship is the legal process by which a guardian is appointed to care for and make personal and healthcare decisions on behalf of another person. A conservatorship is similar to a guardianship, except a conservatorship deals with finances rather than personal and healthcare issues. These processes are very involved, as they take away the legal rights of the person for whom the guardian or conservator has been appointed.

Careful estate planning, which includes a Durable Power of Attorney, can generally prevent the need for guardianship and conservatorship, but sometimes it just cannot be avoided.

At Clarke Law Offices, we will explain these distinctly different roles and  determine which suits your situation.  We will also help you to understand what your duties will be as a guardian or conservator and we can prepare the complex legal documentation that will be required. 

GUARDIANSHIP - the court  may appoint a guardian for someone incapacitated due to a disability or illness. It’s also not uncommon to appoint guardians for minors whose parents can no longer care for them due to illness, death or other reasons. When a guardian is appointed for a minor, it is usually up until the child’s 18th birthday, though this timeframe may vary.  Guardians can have varying levels of decision-making authority, depending on the terms of guardianship. For example, in a limited guardianship, the incapacitated person retains the right to determine where they reside. They also have the right to continue voting.

CONSERVATORSHIP -  the court may appoint a conservator when a person can no longer make sound financial decisions about their property and assets. The purpose of conservatorship is to protect the financial interests of someone unable to make financial decisions and manage their finances independently. It entails everything relating to one’s finances. This can include paying bills, dealing with creditors, managing an investment portfolio, and controlling routine purchase decisions.

 Conservatorships are usually established for people who are incapacitated because of a coma, advanced Alzheimer’s disease or dementia, or other serious illness or disability that prevents them from managing their estate.

Probate is, in the simplest terms, the process of administering a person’s estate after their death. If there is a Last Will and Testament, this will mean ensuring that the will is valid, executing the will’s instructions, and paying applicable debts and taxes before distributing the remainder of the estate to beneficiaries.  If there is not a will, probate will mean using state law to determine how to distribute assets.

At Clarke Law Offices, we work closely with the Personal Representatives (formerly known as Executors) and beneficiaries of an estate in order to promote family harmony and ensure that the decedent’s affairs are properly settled.  Probating an estate is a time-consuming and complicated process. We can handle a number of specific tasks during the probate process including but not limited to:

• Identifying assets
• Collecting life insurance proceeds
• Securing appraisals for property
• Resolving income taxes
• Managing the estate’s finances during probate
• Preparing and filing required documents
• Transferring assets to beneficiaries
• Overseeing final disbursement of inheritances

Our attorneys have experience dealing with the Massachusetts Probate Administration process and will be responsible for navigating potential delays, such as those due to unexpected potential beneficiaries, assets in multiple states, unusual or hard-to-assess assets like mineral rights, or, in unfortunate circumstances, the beneficiaries of the estate being in conflict.

The loss of a loved one is difficult enough.  Clarke Law Offices is able to help alleviate the burdens of the probate process so you can tend to your own family and needs during this emotional and stressful time.