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Conservatorships

A conservator is appointed for a ward when the probate court determines that the ward suffers from one or more of the following conditions:

• Mental weakness
• Mental retardation
• Physical incapacity
• Inability to make or communicate informed decisions due to physical incapacity or illness

Once appointed, conservators have many duties, and the manner in which those duties are carried out is subject to supervision by the probate court. As the general law gives no preference to any particular class of persons or relatives who can act as a ward's conservator, any person who is deemed "proper and fit" is eligible to be appointed. This can have considerable implications when you understand that the conservator has, among other duties, the legal ability and responsibility to:

• Pay the ward's debts
• Represent the ward in all lawsuits
• Control and manage the ward's property
• Invest the ward's funds
• Collect funds due to the ward
• Support the ward and his or her family using the ward's funds
• Sell, lease, or mortgage the ward's property (with approval from the probate court)

Consumer protection claims

If you need assistance with bringing actions and defense relating to consumer claims, our lawyers can help you represent your interests.

Grandparents' rights

This is an emerging area of law, and an extremely difficult one. It is the burden of the grandparent seeking visitation to prove that a decision by the judge to deny visitation is not in the best interest of the child. Since parental decisions, no matter how wrong they seem to be, are given presumptive validity, it must be alleged and proven that failure to grant visitation will cause the child significant harm by adversely affecting the child's health, safety, or welfare. It must also be established that a strong current relationship exists between grandparent and grandchild.

An affidavit must be submitted to the court at the onset of the action, which particularly and sufficiently sets forth facts strong enough to rebut the presumption of parental fitness. It is certainly not a lost cause, and well worth the battle to many grandparents, but grandparents should know that the burden rests on them if they desire to establish grandparents' rights.

Mediation

If your goal is to come to the resolution of an issue while maintaining control, rather than accepting something imposed by a third party, then mediation might be perfect for you. The process of mediation consists of certified mediators who assist disputing parties to reach an agreement. Various parties may participate in the mediation process, including states, organizations, communities, individuals, or other representatives with a vested interest in the outcome in a variety of disputes, such as commercial, legal, diplomatic, workplace, community, and divorce or other family matters.

Our certified mediators are also practicing attorneys who possess the experience and expertise necessary to effectively mediate matters for parties to a dispute.

Pet estate planning

Most people consider their pets to be members of their family, and there is often a very strong bond between pets and their owners. If you pass away and do not have an estate plan for your pet, it is possible that your pet may be euthanized, neglected, or abandoned. To prevent these outcomes, you may create an estate plan that provides for the proper care and love for your pet in the event of your death. Legally, an animal is considered tangible personal property, similar to your car, furniture, or jewelry, and would pass to heirs or beneficiaries of your estate who are entitled to your personal property. However, you may prepare for the continued care of a pet through a trust. Our attorneys can assist with pet estate planning arrangements.