Find an Attorney Who Can Help You Build Your Conservatorship Case
What Is a Conservatorship?
In a conservatorship, one party (the conservator) legally becomes another person’s caregiver (the conservatee). These arrangements occur when the conservator can no longer physically care for her or himself, make sound mental decisions or competently handle her or his finances.
This person may be elderly, a disabled adult or even a child. In some cases, the conservatee can name his or her own conservator. If the conservatee cannot express her or his wishes, the court decides the best person to act as the conservator whether that be a spouse, sibling, close friend, state-appointed guardian or another relative.
Guardianship vs. Conservatorship
In some states, the terms “conservator” and “guardian” mean the same thing. In other states, “guardian” only refers to the care of a minor while a “conservatorship” refers to the care of an individual 18 years of age or older.
Who Can Act As a Conservator?
State laws vary, but generally speaking, a conservator must be:
- At least 18 years of age
- Has no felony record
- Has no misdemeanors that indicate dishonesty, such as fraud or forgery
Do Conservatorships End?
A few events can end conservatorships:
- The conservatee’s death
- When the conservatee’s health improves, and she or he can care for her or himself
- The estate funds run out
If a conservator decides to give up his or her responsibilities for any reason, the court appoints a new conservator.
To begin building your case for a conservatorship, get connected with an attorney in your area.
Types of Conservatorships
There are two different types of conservatorship: conservators of a person and conservators of an estate.
Conservators of a Person
A conservator of a person ensures the conservatee’s well-being. The responsibilities involved vary from person to person but often include activities such as:
- Meal preparation
- Personal care
- Arranging transportation to and from medical appointments
- Giving medication
Conservators of an Estate
A conservator of an estate bears responsibility for the financial aspects of a person’s life. Again, these responsibilities vary on a case-by-case basis, but often include:
- Paying bills
- Collecting debts
- Monitoring assets
- Managing income
- Using funds
The conservator of an estate does not need to be the same as the conservator of a person. While they often are the same person, there are many reasons why a conservatee would have separate conservators for each one of these aspects.
Limited, Full or Joint
There are also different levels of conservatorship that determine how much control the conservator has over the conservatee’s affairs:
- Limited: A limited conservatorship grants the conservator power over certain aspects of the conservatee’s affairs, but not all of them.
- Full: A full conservatorship gives the conservator full responsibility for the conservatee’s affairs
- Joint: In a joint conservatorship, more than one person has responsibility for the conservatee.
An attorney can help you decide on the best course for your situation and the decision a judge is likely to make.
Get connected with an experienced attorney today!
Why You Need an Attorney
Anyone can formally request to be the conservator of another individual However, the judge makes the final decision regarding granting the conservatorship.
You can consider several types of conservatorship. Your attorney may help you understand your situation and determine what the likely outcome is if you were to file for each type of conservatorship.
The court considers many factors when determining the best course of legal action for the person in question. An experienced attorney who practices conservatorship law can help you build a strong case as to why you should become the individual’s conservator. Your chosen legal advocate can file the necessary documents and help you navigate the process from start to finish.
Understand Your State Laws
Laws governing conservatorships vary significantly from state to state. For that reason, it is vital that you work with an attorney familiar with conservatorship laws in your area to help you make the best case and ensure that you have everything you need to build a solid legal case.
Avoid Family Disagreements
Planning a conservatorship can be a delicate issue, especially amongst family. When multiple parties disagree on what is best for a loved one, it can lead to time in court. It also plays a large part in determining the conservatee’s overall lifestyle, so it is a major decision that you should not make lightly. Working with an experienced lawyer helps you get a clearer picture of the possibilities and what arrangement can work best.
Ready to make your conservatorship case?
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