The issue of deciding the need of a guardian and conservator and deciding whom to nominate to fill those roles can be taxing on families. In many situations, external forces such as hospitals, skilled nursing facilities and nursing homes are providing pressure on the family to have a decision maker in place. The emotion of the situation can be overwhelming. Disputes can arise over whether a guardian or conservator is even necessary and over who should serve. Once in place, a guardian or conservator may be subjected to claims that their services are no longer necessary or have been contrary to the interests of the Ward. In extreme situations, executors and conservators can face claims of abuse, fraud and mismanagement.
O’Dell & O’Neal has experience and provides services in these situations. Just as in the probate of estates, the firm provides steady guidance and advice in having a family navigate the process of obtaining guardianship and conservatorship of a parent, child or sibling when everyone agrees to the outcome. O’Dell & O’Neal also provides representation for those individuals who have differing opinions over the situation. The firm represents family members who believe that the estate is being mismanaged or the care provided is inappropriate. The firm has also represented guardians and conservators facing such claims. In all instances, O’Dell & O’Neal provides a commitment to aggressively advocate for the desires and wishes of the client understanding that there is nothing more critical or personally important than the well-being of a family member.