Trusted and Experienced Legal Counsel in Conservatorship and Guardianship Matters
Amy Mello has nearly two decades of experience working with conservatorships and guardianships. The Law Office of Amy S. Mello, LLC, can assist you with a conservatorship and/or guardianship for a loved one who needs help making health decisions or assistance with finances due to mental illness, declining competency, disability, incapacity, or financial exploitation.
What is the Difference between a Conservatorship and a Guardianship?
A conservatorship is when a court appoints a person(s) (the “conservator”) to take charge of, and manage, the estate—assets and income—of another person who is a “person to be protected” or the incapacitated person. Generally, a conservator does not have the authority to make health or other related personal decisions for the person to be protected. The conservator’s powers may be plenary (or full), or may be limited by the appointing court. The conservator is legally responsible for reporting and accounting for all financial transactions to the appointing court, the person to be protected and closest relatives.
A guardianship is when a court appoints a person(s) (the “guardian”) to assist in the management of an incapacitated person’s health and welfare, and make medical decisions for the incapacitated person. A guardian’s powers may be plenary (or full), or may be limited by the appointing court. Even if a guardian is given plenary power, a guardian is generally still limited as the guardian cannot authorize the administration of anti-psychotic medication or move the protected person from his principal residence to a new one without specific and express authorization given in an order or decree of the court.
Law Office of Amy S. Mello, LLC, can assist clients in Massachusetts and Rhode Island with guardianship and conservatorship actions, including the preparation of the initial petition(s), obtaining a medical certificate (or clinical team report), attendance at court hearings and communications with any legal counsel appointed by the court to represent the incapacitated or protected person’s interests. Attorney Mello can also assist the guardians and conservators to understand what their duties and limitations are as appointed representatives of the protected person. She also works with guardians and conservators to prepare and file their required court reports, plans and accountings.
Contact the Firm for Knowledgeable Advice and Representation
Law Office of Amy S. Mello, LLC, is based in Mattapoisett, Massachusetts. To schedule an initial consultation with a skilled estate law attorney, call the firm at 508-276-2578 or fill out an online contact form.