It can be heartbreaking to watch an older family member lose the ability to make good decisions for their own well-being, especially if they have not taken legal measures that would allow a trusted person to step in and make decisions on their behalf. Under those circumstances, the only option to protect a vulnerable senior may be to seek guardianship over him or her.

Petitioning for guardianship can be a challenging process, not just legally but emotionally. An older person may not accept the need for someone else to manage their affairs, and family members may disagree about how best to manage the senior’s needs or whether a guardianship is needed at all.

Our team understands, both personally and professionally, the difficulties involved in helping an older family member who can no longer care for themselves. Contact Beaton & Kiers PLLC to schedule a consultation with guardianship attorneys to get the straightforward guidance you need and the compassionate support you deserve.

In addition to working with the families of seniors, we can establish guardianship and conservatorship for other vulnerable adults, such as children with special needs who have reached the age of majority but still need someone to make decisions on their behalf, and adults with disabilities or mental illnesses. Amy Beaton and Larissa Kiers are also available to serve in the role of guardian if a professional guardian is needed.

Conservatorship vs. Guardianship

People often ask their guardianship attorneys, “What is the difference between guardianship and conservatorship?” Both are roles in which a person, the guardian or conservator, is appointed to help a vulnerable adult, called the ward. A guardian is a person appointed by the court to make personal decisions on behalf of a ward, such as where they will live, what medical care they will receive, and other matters affecting the ward’s personal well-being. This is known as “guardianship of the person.”

A guardian may also be appointed “guardian of the estate” as part of their guardianship role, which enables them to pay the ward’s bills and handle their finances. Typically, a guardian is appointed for someone who has been determined to be incapable of managing their own affairs due to either physical or mental incapacity.

While conservatorship also allows a person to manage another person’s financial affairs, it is distinct from guardianship under New Hampshire law. Unlike a guardian, a conservator does not have authority to make personal or medical decisions on behalf of the conservatee. Also, a person for whom a conservator is appointed may not be completely incapacitated, but may still need assistance with their finances.

Speak to Our New Hampshire Conservatorship and Guardianship Attorneys

Beaton & Kiers represents parties to guardianship proceedings in New Hampshire, including guardians or individuals petitioning for guardianship of a vulnerable adult. Our attorneys are also available to represent wards in a guardianship proceeding. Because guardianship affects an individual’s rights to control their own affairs, a ward may also have an attorney to represent their interests.

These matters need to be handled with great sensitivity, and the parties involved treated with compassion and dignity. To learn more about how to protect a loved one or your own rights through the guardianship process, or to inquire about our professional guardianship services, contact Beaton & Kiers to schedule a consultation.