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Guardianship & Conservatorship

South Dakota Guardianship Attorney

The Law Office of Helsper, McCarty and Rasmussen Law Firm represents family members who seek to establish guardianships over the person and property of incapacitated persons. We help our clients determine the best course of action by reviewing the factual situation carefully, including the public and court records, and by obtaining information from local or state agencies involved.

Incapacitated Persons and Guardianships

Typically, the alleged incapacitated person is elderly and has lost the ability to make competent decisions regarding their finances, assets and personal care. Incapacity is a terrible thing for the family and the incapacitated person to go through. It can strike quickly in the form of a stroke, illness or head trauma, or it can be a slow decline that sneaks up on everyone involved.

Due to the aging process, many elderly individuals face health problems or mental decline that call for assistance in decision making through the appointment of a legal guardian and conservatorship. The conservatorship is a legal process utilized when a person can no longer make or communicate safe decisions about his or her property, or has become susceptible to exploitation, fraud or undue influence.

A guardianship may also be necessary when a minor (under age 18) receives an inheritance under a Will or Trust, or a distribution from an insurance or lawsuit settlement that exceeds $15,000.

Contact an Eastern South Dakota Estate Planning attorney at the Helsper, McCarty and Rasmussen Law Firm today.