Guardianships and Conservatorships

Even when an incapacitated person has the foresight to perform estate planning by preparing and appointing agents under a Power of Attorney and an Advance Medical Directive, it often becomes necessary to file a petition seeking the appointment of a Guardian and Conservator because it is discovered that a fiduciary is failing to perform their duties, and is even using a Power of Attorney to convert the incapacitated person’s assets for his or her own improper uses. Regrettably, we also live in a time where there is widespread financial elder abuse where third parties, and even family members, exploit the elderly and carry out schemes (IRS scams, prize scams, or lottery scams) to steal their life savings, sometimes right under the noses of loved ones. Frank Driscoll has extensive experience in handling simple, uncontested, and complex contested Guardianship and Conservatorship cases, and he has extensive experience handling cases involving financial elder abuse. Frank Driscoll has the experience and expertise to “stop the bleeding” by taking steps to protect an incapacitated person’s assets from being improperly wasted pending the appointment of a Guardian and Conservator. Frank Driscoll is thoroughly familiar with the Virginia Guardianship and Conservatorship Act and all the strategic steps that must be taken to successfully get a client, or a suitable person, appointed Guardian and Conservator whose duty is to properly care for an incapacitated person. Frank Driscoll guides his clients through the process with a focus on keeping the best interests of their loved ones in mind.