Denevan Falon Joyce
represents clients in establishing guardianships or conservatorships for persons in need of protection. Denevan Joyce Falon also represents protected persons to understand their rights during a guardianship or conservatorship case.
The process of establishing a Conservatorship and/or Guardianship is as follows
Filing a Petition:
A person interested in the welfare of an individual in need of protection can file a Petition to establish a guardianship and/or conservatorship. The Petition can ask for the appointment of a temporary guardian and/or conservator immediately if the facts warrant such an appointment.
Notice to Interested Parties:
The individual that files the Petition (called a Petitioner) is required to provide notice to all other interested parties and the person in need of protection of the filing of the Petition and the subsequent hearings that will occur for the establishment of a Guardianship and/or Conservatorship.
Evaluation Report and Statement of Financial Resources:
A Petition filed to establish a guardianship must be accompanied by an evaluation report signed by a treating or evaluating health care worker. If a conservatorship is being sought, the Petitioner must also file a statement of financial resources detailing the estate and sources of income for the person in need of protection
Guardian and Conservator Training and Background Checks:
An individual that wishes to be appointed as a guardian or conservator must take an on-line guardianship course and submit to a state and federal background check.Guardianship Hearings:
A judge may conduct a short hearing if the matter is uncontested, or a trial if the matter is contested, to determine whether a guardianship or conservatorship is necessary and to determine who should be appointed as the guardian and conservator. Parties are allowed to examine and cross-examine witnesses, present documentary evidence and legal arguments to allow a judge or jury to decide the case.
Guardian ad Litem:
In some cases, attorneys may serve as guardian ad litem, appointed by the court to represent the interests of the proposed ward and advocate for their best interests. A guardian ad litem may conduct investigations, evaluate the proposed guardian's suitability, and make recommendations to the court.
Representation of the Guardian and/or Conservator: Guardians and conservators
have continuing responsibilities to report to the Court that appointed them on the welfare of the protected person as well as to account for their handling of the protected persons estate. Denevan Falon Joyce assists guardians and conservators in preparing, filing, serving, and seeking court approval of their reports and accountings.