Guardianship and Conservatorship

Lincoln & Lauer, PLLC

What do you need, when and why?

Most of us think of doing a Will to ensure our wishes are carried out when we die. We do not always think about who will handle our finances for us if we become incapacitated and live on. If you can no longer make your own medical decisions or decide where you will live, a guardian may need to be appointed for you. If you can no longer manage your own finances, a conservator may need to be appointed for you. A guardian takes care of you; a conservator takes care of your finances. Guardianship and conservatorship are both court proceedings that involve a lot of red tape and expense. They are to be avoided if possible. If, however, they cannot be avoided in a particular case, we are here to help.

Guardianship and Conservatorship

Lincoln & Lauer, PLLC

You can in many cases avoid guardianship and conservatorship by planning before the need arises. You may be able to avoid a guardianship by having a medical power of attorney in place. You should be able to avoid conservatorship by having a financial power of attorney or a revocable living trust in place. A trust is the best way to avoid a conservatorship, but a financial power of attorney is the minimum.

Call (602) 955-9555 to schedule your appointment to work through the process.

Bring these items to our meeting:

Who: A list of names, addresses, and telephone numbers for:

  • The person who needs help
  • The person’s spouse, parents, adult children
  • Whoever the person is living with
  • The closest adult relative
  • Whoever is named as the person’s:
    • Agent on a power of attorney
    • Trustee
    • Personal representative
  • The person’s doctor


  • Any medical report or medical records
  • The Will, trust, and any other estate planning documents
  • Deeds
  • The most recent bank and other financial account statements
  • A list of any stocks and bonds not in the financial statements
  • The beneficiary designations for life insurance and IRAs

"You may not control all the events that happen to you, but you can decide not to be reduced by them."
– Dr. Maya Angelou

Visit us at our convenient ground floor office or we can come to you. We offer in-home, hospital/nursing home visits and phone consultations. We make it easy for you.