A Guide to Guardianship and Conservatorship for Families in Three Way
Facing questions about guardianship or conservatorship in Three Way can feel overwhelming for families and caregivers. This page explains the legal options available under Tennessee law, how a guardianship or conservatorship is established, and what to expect during the process. We describe the differences between guardianship of the person and conservatorship of the estate, what court proceedings involve, and the rights that can be assigned or retained. Our goal is to provide clear, practical information so you can make informed decisions about protection and care for an adult who cannot fully manage personal or financial matters.
When a loved one begins to lose capacity to manage health decisions or finances, families often need help identifying the right path forward. Guardianship and conservatorship are legal tools that allow a court-appointed representative to make personal or financial decisions on behalf of an incapacitated adult. These proceedings require medical documentation, court filings, and careful attention to the person’s needs and rights. This section covers initial considerations, the potential timeline, and how to gather the records and witness statements commonly needed to support a petition in Madison County courts.
Why Guardianship and Conservatorship Matter for Families
Guardianship and conservatorship offer a legal framework to protect vulnerable adults who cannot reliably make important decisions. By establishing a guardian or conservator, families gain the authority to ensure medical care, choose living arrangements, or manage bills and benefits securely. These measures also create accountability through reporting requirements to the court, which helps prevent misuse of assets and supports long-term planning. For many families, going through the court process relieves the daily stress of crisis decision-making and creates a clearer path for protecting health and financial stability for a loved one.
About Jay Johnson Law Firm and Our Practice in Elder Matters
Jay Johnson Law Firm serves clients across Madison County and the surrounding Tennessee communities, handling estate planning, probate, and elder law matters including guardianship and conservatorship. Our approach focuses on listening to family concerns, explaining legal options in plain language, and assisting with court filings and required documentation. We work with medical professionals, social workers, and family members to present a thorough petition that reflects the needs of the individual. If you need representation or assistance preparing paperwork, we can guide you through the procedural steps with attention to respect and clarity.
Understanding Guardianship and Conservatorship in Tennessee
Guardianship and conservatorship are separate legal roles under Tennessee law, each with distinct responsibilities and limitations. A guardian typically handles personal decisions such as health care, residence, and daily care, while a conservator manages financial matters like paying bills, overseeing benefits, and protecting assets. The court evaluates the person’s capacity and the necessity of appointing a representative, always seeking the least restrictive alternative that still protects the individual. Understanding these distinctions helps families choose the most appropriate remedy when someone cannot make personal or financial decisions safely.
The court’s primary concern in any guardianship or conservatorship matter is the well-being and best interests of the person who may lack capacity. Tennessee statutes require medical evaluations, notice to interested parties, and sometimes the appointment of a guardian ad litem or other court representative to investigate the situation. Courts prefer tailored orders that grant only the powers necessary to protect the person, and periodic reviews or accountings may be required. Learning the procedural rules and documentation needs ahead of time reduces delays and helps the court reach an orderly decision.
What Guardianship and Conservatorship Mean Practically
In practice, guardianship and conservatorship assign decision-making authority when an adult can no longer make safe or informed choices. A guardian makes personal and healthcare decisions, arranges living situations, and ensures day-to-day needs are met. A conservator controls financial matters, safeguards property, collects income, and pays obligations. The court issues letters of appointment that specify the scope of authority and may require regular reporting. While these roles provide crucial protections, courts encourage alternatives when possible, such as powers of attorney or supported decision-making, to preserve as much independence for the individual as circumstances allow.
Key Elements of a Guardianship or Conservatorship Case
A successful guardianship or conservatorship petition typically includes a detailed medical evaluation, proof of service to family members and interested parties, and a proposed plan for the person’s care or asset management. The petitioner must explain why less restrictive options are insufficient and demonstrate the proposed guardian or conservator is willing and able to act in the person’s best interest. The court may hold a hearing where evidence is presented and any objections are considered. After appointment, duties often include filing inventories, accountings, and periodic reports to the court to ensure transparency and protection for the ward or protected person.
Key Terms and Glossary for Guardianship and Conservatorship
Below are common terms you will encounter when navigating these proceedings in Tennessee. Familiarity with this vocabulary makes it easier to understand court filings and the functions of different roles. These definitions explain legal phrases, procedural steps, and duties so families can participate confidently in hearings and follow-up requirements. If a specific term on your paperwork is unclear, asking for clarification early prevents misunderstandings and helps ensure compliance with court orders and reporting timelines.
Guardianship (Person)
Guardianship of the person is a legal arrangement where a court appoints an individual to make personal decisions for someone who lacks capacity. This includes decisions about medical care, residential placement, and daily activities aimed at maintaining safety and health. Guardians must act with the ward’s best interests in mind and often need to consult with medical professionals and family members. Courts typically require guardians to provide periodic reports on the person’s condition and living situation. Guardianship should be tailored to the person’s needs and limited to the areas where decision-making support is necessary.
Conservatorship (Estate)
Conservatorship, sometimes called conservatorship of the estate, grants a court-appointed person authority to manage an adult’s financial affairs. Responsibilities include collecting income, paying bills, protecting assets, making investments consistent with court orders, and preparing financial reports. The conservator must act prudently and provide accountings to the court, demonstrating how funds were used to benefit the protected person. The court monitors these activities to prevent mismanagement or misuse of funds and may require bonding or other safeguards depending on the estate size and circumstances.
Powers of Attorney and Alternatives
A power of attorney is a document in which an adult gives another person authority to act on their behalf for personal, financial, or health matters while they retain capacity. Durable powers of attorney remain effective if the person later loses capacity, offering a private alternative to court-supervised guardianship or conservatorship. Other alternatives include advance healthcare directives and supported decision-making agreements that preserve autonomy while providing assistance. Courts often prefer these less intrusive options when they are available and appropriate, as they avoid full court intervention and maintain family control without ongoing court oversight.
Least Restrictive Alternative
The least restrictive alternative is a legal principle that courts apply to ensure any intervention minimally limits an individual’s autonomy while still protecting their safety and financial interests. Courts evaluate whether a narrower order, limited powers, or non-court options like powers of attorney could address concerns before appointing a guardian or conservator. This approach balances the person’s rights with necessary protections and often results in customized orders that grant only certain specified authorities. Families should be prepared to present why broader orders are necessary if less restrictive measures are unsuitable for the situation.
Comparing Legal Options: Guardianship, Conservatorship, and Alternatives
Choosing between guardianship, conservatorship, and private alternatives depends on the degree of incapacity, immediate safety concerns, and the availability of previously executed legal documents. A power of attorney or advance directive can avoid court proceedings if executed when the person had capacity. Guardianship and conservatorship provide court oversight and authority when the person lacks capacity and no valid instruments exist. It is important to evaluate the person’s needs, family dynamics, asset complexity, and whether ongoing court supervision is desirable or burdensome before deciding on the best path forward for care and financial protection.
When a Limited Approach May Be Appropriate:
Preserved Decision-Making in Some Areas
A limited guardianship or narrowly tailored conservatorship can be appropriate when an individual retains capacity for certain decisions but needs assistance in specific areas. For example, a person may be able to manage personal relationships and consent to medical treatment but require help with complex financial transactions. Courts can issue orders that restrict powers to those areas where protection is necessary, allowing the person to keep control over other aspects of their life. This approach respects autonomy while addressing genuine vulnerabilities and often reduces the scope of ongoing court involvement.
Temporary or Targeted Needs
Temporary orders or limited appointments can address short-term needs such as an acute medical episode or a temporary incapacity after a hospital stay. These limited measures can be less disruptive and may be revoked or adjusted as the person’s condition changes. Targeted conservatorships focused on a single asset or account are another option when financial management is required for only part of an estate. Using limited interventions helps families maintain normalcy for the individual while solving the immediate problems that prompted legal action.
When a Broader, Court-Supervised Approach Is Advisable:
Widespread Incapacity Across Areas of Life
A comprehensive court-supervised guardianship and conservatorship may be necessary when the person lacks consistent capacity across multiple areas, including both personal care and financial management. In such cases, separate appointments for guardian and conservator provide clear authority to protect health and property. Court oversight can be essential where there is significant estate value, complex benefit coordination, or safety risks that private alternatives cannot adequately address. Comprehensive orders also offer formal reporting mechanisms to ensure ongoing accountability and protection against neglect or financial exploitation.
Disputes Among Family or Potential Conflicts
When family members disagree about care, living arrangements, or financial decisions, a court-supervised process can provide an impartial framework for resolving disputes. The court evaluates evidence and appoints a representative whose duties and limitations are documented, reducing the chance of unapproved transfers or contested actions. Formal proceedings may also protect the person from family conflicts that could harm their welfare or deplete assets. In contested situations, clear legal authority can be necessary to proceed with medical decisions, move the person to a safe setting, or manage funds responsibly.
Benefits of a Court-Supervised Guardianship or Conservatorship
A court-supervised arrangement provides legal recognition of decision-making authority, formal reporting requirements, and a record of actions taken on behalf of the person. This structure can protect the person from financial exploitation, ensure consistent medical decision-making, and provide a clear channel for addressing disputes. The court’s involvement also reassures banks, medical providers, and government agencies that the appointed representative has authority to act. When a person’s needs are complex or resources are significant, these protections can reduce risk and provide stability over time.
Another advantage of a comprehensive approach is the accountability it imposes through inventories, accountings, and periodic reviews. Courts can require documentation of how funds are used and may require bonding to protect assets. This oversight can be particularly important when outside parties or multiple caregivers are involved, creating transparency and documentation that supports good fiduciary conduct. Families often find that formal court supervision reduces conflicts and creates a predictable process for long term care, financial management, and eventual transitions as circumstances change.
Legal Authority and Recognition
A formal guardianship or conservatorship provides documents the appointed representative can present to hospitals, financial institutions, and government agencies to demonstrate decision-making authority. This recognition is often necessary to access benefits, manage retirement accounts, or arrange long-term care. Without such authority, family members may encounter delays or refusals when trying to act on behalf of a loved one. Court-issued letters of appointment clarify the scope of powers and help avoid disputes with institutions that require formal proof of authority before releasing sensitive information or administering funds.
Ongoing Court Oversight and Protection
Ongoing oversight through required reports and accountings gives courts a way to monitor the appointed representative’s actions and ensure decisions serve the protected person’s best interest. This framework discourages misuse of assets and provides recourse if concerns arise. Periodic review can also prompt adjustments to authority as circumstances evolve, allowing for restoration of rights if the person’s capacity improves. For families who want both decision-making support and accountability, court supervision provides a structured mechanism that balances care with protection over time.
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Practical Tips for Navigating Guardianship and Conservatorship
Start gathering medical records early
Collecting recent medical evaluations, treating physician statements, and relevant health records early in the process speeds preparation of a petition and supports the court’s assessment. Detailed documentation about cognitive tests, diagnoses, and treatment history helps the court understand the person’s capacity and care needs. Additionally, assembling financial statements, proof of income, and lists of assets ahead of time will make conservatorship paperwork more complete. Early organization reduces delays and helps family members present a clear, well-supported case to the court when seeking appointment.
Consider less restrictive alternatives first
Keep detailed records and communicate with the court
After appointment, maintaining clear records of decisions, expenditures, medical appointments, and living arrangements is essential for compliance with reporting requirements. Regular communication with the court and timely filings of inventories and accountings demonstrate transparency and protect the appointed representative from allegations of mismanagement. Good records also help families make informed choices about care and can be valuable if circumstances change or if restoration of rights is later sought. Consistent documentation builds trust among family members and with supervising authorities.
When to Consider Guardianship or Conservatorship
Consider petitioning for guardianship or conservatorship when an adult consistently demonstrates an inability to manage medical care, basic needs, or finances without risk of harm. Warning signs include repeated missed bills, unpaid rent or mortgage, questionable transfers of funds, or neglect of personal hygiene and medical treatment. If the individual’s impaired judgment results in unsafe living conditions or financial losses, the court may need to intervene to provide stability. Early action can prevent escalation of harm and preserve assets that might otherwise be dissipated.
Another reason families pursue these proceedings is when there are no effective advance planning documents in place and urgent decisions must be made. When immediate authority is needed to enroll someone in a care facility, authorize medical procedures, or access accounts to pay for care, a court appointment can provide the legal authority required. Disputes among family members about who should act or concerns about potential exploitation also make court intervention appropriate to safeguard the person and provide a clear, documented decision-making path.
Common Situations That Lead Families to Seek Guardianship or Conservatorship
Typical circumstances include progressive cognitive decline, such as from dementia, a sudden medical event that impairs capacity, or behavioral changes that make independent living unsafe. Financial mismanagement, victimization by scammers, or the inability to meet basic needs also prompt families to consider legal protections. When the person refuses help or lacks insight into their condition, court-supervised measures may be necessary to ensure proper care and protect assets. Each case is unique, and the right approach depends on medical evidence, family dynamics, and the person’s own wishes when known.
Progressive Cognitive Decline
As cognitive conditions progress, individuals may struggle with memory, medication management, and decision-making. Families often notice missed appointments, unpaid bills, and unsafe choices that increase risk. In such situations, guardianship or conservatorship provides a mechanism to assign responsibility for health and financial oversight to someone who can ensure consistent care and protection. The court reviews medical evidence and often seeks less restrictive alternatives first, but when decline affects multiple areas of daily living, formal legal authority may be required to act effectively on the person’s behalf.
Acute Medical Incapacity
A sudden event such as a stroke or severe injury can leave an adult temporarily unable to make decisions. Immediate authority is often needed to consent to medical treatment, arrange for rehabilitation, or manage finances for ongoing care. Temporary guardianship or conservatorship orders can be useful while recovery is monitored, and they can be modified or terminated if capacity returns. Preparing clear medical documentation and statements from treating professionals helps the court determine the appropriate scope and duration of any appointment in these urgent circumstances.
Financial Exploitation or Mismanagement
When an individual’s funds are at risk due to scams, manipulative relationships, or poor judgment that leads to serious losses, a conservatorship can give an appointed person the authority to safeguard assets and prevent further harm. The conservator can halt questionable transactions, protect property, and redirect funds to essential needs such as housing and medical care. The court’s oversight and reporting requirements also create accountability, helping to restore stability and protect the person’s estate from further depletion while longer-term planning decisions are made.
Guardianship and Conservatorship Services in Three Way
Jay Johnson Law Firm assists clients in Three Way and Madison County with preparation of petitions, gathering medical evidence, providing guidance through hearings, and fulfilling reporting obligations after appointment. We help families understand their options, evaluate alternatives, and prepare the documents necessary to present a clear case to the court. If a contested hearing is required, we can represent petitioners and respond to objections while focusing on the person’s best interests. Our goal is to navigate the process efficiently and compassionately during what is often a difficult time for families.
Why Families Choose Jay Johnson Law Firm for Elder Matters
Families turn to our firm for practical guidance through guardianship and conservatorship matters because we emphasize clear communication, thorough preparation, and responsive support. We explain the procedural steps, help gather the necessary medical and financial records, and prepare filings that conform to Tennessee requirements. Our approach focuses on minimizing delays and making sure the court has the information needed to make an informed decision. We work with clients to develop tailored orders that reflect the actual needs of the person while protecting their rights and assets.
We recognize that these proceedings often involve emotional decisions and family disagreements, so we prioritize respectful communication and attempt to resolve disputes where possible. When litigation becomes necessary, we advocate for solutions that protect the individual and address family concerns. Our firm coordinates with healthcare providers, social services, and financial professionals to assemble a complete picture for the court. The result is a practical, well-documented approach that supports a stable care plan and responsible financial oversight for the person in need.
From the initial evaluation through post-appointment reporting, we assist with each stage of the process and advise on related planning options such as powers of attorney and advance directives. Families often appreciate the guidance we provide in identifying the least restrictive options and preparing contingency plans for future needs. If you are considering guardianship or conservatorship in Three Way or Madison County, contacting our office can help you understand timelines, likely court requirements, and documentation that will strengthen your petition while preserving the dignity of the person at the center of the case.
Contact Jay Johnson Law Firm for a Consultation About Guardianship and Conservatorship
How the Guardianship and Conservatorship Process Works at Our Firm
Our process begins with a careful fact-finding conversation about the person’s current condition, existing legal documents, financial situation, and family dynamics. We recommend gathering medical records and financial statements early and can assist in requesting these documents. After evaluating the circumstances, we prepare the petition, required notices, and supporting affidavits, then file them in the appropriate Madison County court. We will explain the hearing process, potential timelines, and any interim steps needed to protect the person while the case proceeds toward resolution.
Step One: Assessment and Document Collection
The first phase involves assessing capacity concerns, identifying decision-making needs, and collecting supporting evidence such as physician statements, medical records, and financial statements. We help clients obtain necessary evaluations and advise on who should be served with notice. A clear assessment and complete documentation reduce confusion and speed the court’s review. Preparing a proposed order that outlines the requested powers and any limitations also helps the court understand exactly what is being sought and why it is appropriate for the individual’s circumstances.
Medical Evidence and Evaluations
Medical documentation is a cornerstone of guardianship and conservatorship petitions. Statements from treating physicians, neuropsychological evaluations, and hospital records provide the court with necessary context about the person’s decision-making capacity and daily care needs. We can advise on the types of evaluations that are most persuasive under Tennessee law and assist in requesting those records. Accurate and recent medical evidence helps the court determine whether a guardian or conservator is necessary and what powers should be granted to address the person’s specific vulnerabilities.
Gathering Financial Records
Collecting bank statements, benefit information, deeds, insurance documents, and records of income and expenses enables preparation of a reliable inventory and helps assess whether a conservatorship is needed. These records are also useful for developing a budget and plan for the protected person’s ongoing needs. Early organization of financial documentation reduces the time required to prepare a petition and supports transparency in subsequent court accountings. We assist clients in identifying the documents the court will expect to see and in preparing an accurate overview of assets and liabilities.
Step Two: Filing and Court Procedures
Once records are assembled and a petition is prepared, filings are submitted to the county probate court or other appropriate tribunal. The court will set a hearing date and require notice to interested parties, including family members and potential heirs. Depending on the case, the court may appoint a guardian ad litem or request further evaluations. We prepare the notices, coordinate service, and represent petitioners at hearings to present medical evidence and witness testimony, explain the requested scope of authority, and respond to any objections raised by other parties.
Notice and Service Requirements
Proper notice and service to all interested parties is essential for the process to move forward. Tennessee law specifies who must receive notice and the manner of service required. Ensuring that notice is correctly executed prevents procedural delays and avoids the risk of orders being set aside on technical grounds. We handle preparation and proof of service documents, track timelines, and advise petitioners on who should be included as an interested party to protect the integrity of the proceeding and allow the court to consider input from those with legitimate stakes in the matter.
The Hearing and Presenting Evidence
At the hearing, evidence is presented to show why a guardian or conservator is necessary and what powers should be awarded. Witness testimony, medical declarations, and documentary proof often form the record the court relies on. The court may question the proposed representative and consider whether less restrictive options exist. We prepare witnesses, outline key points for testimony, and organize documentary exhibits to present a focused, persuasive case. If objections arise, we respond on behalf of the petitioner to clarify the facts and the requested relief.
Step Three: Post-Appointment Responsibilities
After a guardian or conservator is appointed, the appointed person has ongoing duties that may include filing inventories, keeping detailed records, submitting accountings, and obtaining court approval for certain transactions. The court’s orders will specify reporting deadlines and any bonds or other safeguards. We assist newly appointed guardians and conservators in understanding their responsibilities, preparing required filings, and maintaining records that demonstrate proper stewardship of personal and financial matters. Ongoing compliance preserves the trust of the court and protects the person under care.
Inventory and Accountings
An initial inventory documents assets and liabilities at the time of appointment and is often required soon after a conservator is named. Periodic accountings show how funds were managed and spent for the benefit of the protected person. These reports help the court monitor stewardship and provide transparency to family members and interested parties. We prepare inventories and accountings that meet court requirements and advise on recordkeeping practices that simplify future reporting, reducing stress for appointed representatives while ensuring compliance with Tennessee procedures.
Modifications and Termination
If the person’s condition improves or circumstances change, guardianships and conservatorships can be modified or terminated by the court. Restoration of rights may occur if medical evidence shows capacity has returned, or limited modifications can adjust the scope of authority to meet evolving needs. We help families file motions for modification or termination and guide them through the evidentiary requirements for demonstrating changed circumstances. Proper documentation and timely filings ensure the court can evaluate whether continued supervision remains necessary.
Frequently Asked Questions About Guardianship and Conservatorship
What is the difference between guardianship and conservatorship?
Guardianship and conservatorship serve different functions: guardianship addresses personal and healthcare decisions while conservatorship manages financial affairs. A guardian focuses on daily living, medical consent, and placement decisions; a conservator handles income, bill paying, and asset protection. Courts may appoint one person for both roles or separate individuals for each. The decision depends on the person’s needs and the complexity of financial matters. Understanding this distinction helps families determine which type of proceeding is necessary to protect the individual’s welfare and finances.
How do I begin the guardianship or conservatorship process in Madison County?
To begin the process in Madison County, collect medical records, recent evaluations, and financial documents and contact the probate court or a lawyer for guidance on local filing requirements. Prepare a petition that explains why court intervention is necessary and identify interested parties who must receive notice. After filing, the court schedules a hearing where evidence is presented. Having medical documentation and a clear plan for the person’s care and estate management before filing reduces delays and helps the court make an informed decision.
Can a guardianship or conservatorship be limited or temporary?
Yes, courts can issue limited or temporary appointments tailored to specific needs or for a defined time period. Limited guardianships and conservatorships grant authority only in certain areas where the person lacks capacity, preserving other decision-making rights. Temporary orders can address urgent needs following a medical crisis until a full evaluation is completed. Requesting narrowly tailored powers when possible aligns with the court’s preference for the least restrictive intervention and can make it easier to adjust or terminate the arrangement if circumstances improve.
What alternatives exist to formal guardianship and conservatorship?
Alternatives include powers of attorney, durable powers of attorney for finances, advance healthcare directives, and supported decision-making agreements. These documents allow appointed trusted individuals to act without court oversight if executed while the person still has capacity. They maintain the individual’s autonomy and avoid the expense and formality of court proceedings. When such instruments are absent or insufficient, a guardianship or conservatorship may be appropriate. Exploring these options early is often the best way to preserve independence while ensuring necessary protections.
Who pays for long-term care under a conservatorship?
Payment for long-term care under a conservatorship depends on the protected person’s resources and eligibility for public benefits. Conservators manage private funds, pensions, and benefits to pay for housing, medical care, and services. If the person qualifies for Medicaid or other assistance, those programs may cover care costs subject to eligibility rules. Conservators must follow rules about asset use and reporting to the court, and they should plan to protect resources while applying for public benefits when appropriate. A conservator’s duty is to use funds solely for the benefit of the protected individual.
How often does a conservator need to file accountings with the court?
Filing frequency for accountings varies by jurisdiction and the court’s orders, but conservators commonly file periodic accountings annually or as directed by the court. Initial inventories and more detailed reports may be required after appointment. These accountings document receipts, expenditures, and the current status of assets. Timely and accurate filings maintain transparency and protect the conservator from disputes. If major transactions occur, court approval may be necessary. Keeping thorough records simplifies reporting and demonstrates responsible stewardship of the protected person’s finances.
Can a family member be denied appointment as guardian or conservator?
A family member can be denied appointment if the court finds conflicts of interest, a lack of suitability, prior misconduct, or other reasons that would make them unfit to manage personal or financial affairs. The court evaluates proposed appointees based on their ability to act responsibly, the nature of family relationships, and any evidence of financial impropriety or neglect. When concerns exist, the court may appoint a neutral third party or require safeguards such as bonding. Providing clear documentation of readiness and a plan for care improves the likelihood of appointment.
What rights does a person retain after a guardianship is established?
Even after an order is entered, a person retains fundamental rights to the extent the court has not specifically removed them. Courts generally preserve as many rights as possible, granting only those powers necessary to protect health and finances. The order will specify any restrictions and the retained rights. If capacity improves, procedures exist to modify or terminate the appointment so rights can be restored. Guardians and conservators must act in the person’s best interest and respect personal preferences when feasible, consistent with the responsibilities assigned by the court.
How long does the guardianship or conservatorship process typically take?
The timeline varies based on the completeness of documentation, court schedules, and whether the case is contested. Straightforward, uncontested petitions with clear medical evidence and proper notice can move more quickly, while contested matters or incomplete records can extend the process. Generally, planning and gathering records before filing reduces delays. Coordination with medical providers and prompt service on interested parties support a smoother timeline. Your local probate court’s calendar also affects scheduling, so early preparation helps set realistic expectations for when a hearing can occur.
What should I bring to an initial consultation about guardianship or conservatorship?
For an initial consultation, bring any existing advance directives, powers of attorney, recent medical records, lists of assets and income, and contact information for family members and healthcare providers. If there are immediate safety concerns or recent hospital discharge notes, include those as well. Providing a clear summary of events, concerns, and what you hope to accomplish will help the attorney assess options and recommend next steps. These materials allow the attorney to evaluate whether less restrictive measures are available or whether a guardianship or conservatorship petition is appropriate.