Conservatorship is a legal arrangement where a court appoints someone to manage the affairs of another person who is unable to do so themselves due to old age, disability, or incapacity. The appointed individual, known as the conservator, takes charge of handling financial or personal matters for the person under conservatorship. Think of it like being the responsible adult for someone who can’t quite adult on their own anymore.
Why do I need to establish a conservatorship?
A conservatorship is a legal arrangement wherein a court appoints someone to manage the affairs of another individual who is unable to do so themselves. This often arises in situations where the person in question is elderly, incapacitated, or otherwise incapable of making decisions regarding their finances, health care, or daily living. The appointed conservator assumes responsibility for handling these matters on behalf of the incapacitated person.
Establishing a conservatorship is crucial to ensure that vulnerable individuals receive the necessary care and support when they are unable to manage their own affairs. It provides a legal framework for decision-making and financial management, helping to prevent exploitation or neglect. By setting up a conservatorship, you can ensure the best interests of your loved ones, ensuring they receive the assistance they need during times of incapacity.
Common reasons for conservatorships:
- Declining mental capacity due to conditions like dementia or Alzheimer’s disease
- Severe physical disabilities or injuries that prevent individuals from handling daily tasks
- Developmental disabilities that inhibit individuals from making informed decisions
- When substance abuse issues lead to impaired judgment and decision-making
- To safeguard vulnerable individuals from financial exploitation, scams, or undue influence
- When someone exhibits reckless spending habits or an inability to manage their finances
- When there are concerns about the mistreatment or neglect of elderly individuals
- When someone experiences a temporary incapacity due to illness, injury, or surgery
Strategies we use to establish a conservatorship
Conducting a thorough assessment
Our attorneys thoroughly evaluate the individual’s situation to determine the necessity and scope of the conservatorship. This includes reviewing medical records, consulting with medical professionals, and gathering information about the individual’s assets, liabilities, and daily needs to tailor the conservatorship to best serve the individual’s interests.
Exploring alternatives to conservatorship
We explore alternative options to ensure the least restrictive means of support for the individual. This may include drafting advance directives, such as powers of attorney or healthcare proxies, to appoint trusted individuals to make decisions on behalf of the individual. We also explore informal arrangements, such as family caregiving arrangements.
Preparing and filing a legal petition
We prepare and file the necessary legal documents with the court to initiate the process. This includes drafting a petition detailing the reasons for the conservatorship, the proposed conservator, and the specific powers requested. Our attorneys guide clients through each step of this process and ensure that all required documentation is accurate and complete.
Repressing clients in court proceedings
We advocate on behalf of the individual seeking conservatorship and present evidence supporting the need for intervention. Our attorneys handle all interactions with the court, including attending hearings, addressing any objections or concerns raised by interested parties, and advocating for the best interests of the individual under consideration.
Assisting in the appointment of the conservator
Once the court approves the petition, we assist in the appointment of the conservator. This may involve selecting a family member, trusted friend, or professional fiduciary to assume the role. We ensure the conservator is qualified and capable of fulfilling their duties. Our attorneys also help the conservator understand their legal obligations and limitations.
Offering ongoing support and monitoring
Our support extends beyond the establishment of the conservatorship. We provide ongoing guidance and assistance to both the conservator and the individual under conservatorship. This includes helping the conservator fulfill their duties, addressing any challenges or disputes that arise, and monitoring the conservatorship to ensure the individual’s rights are protected.
Schedule your consultation with our attorneys
Goff Legal, PC is your trusted law firm specializing in estate planning, trust administration, and fiduciary representation. We’re super responsive and deeply invested in building long-term relationships with our clients. As a female-owned business, we prioritize communication and client care, ensuring you’re never left in the dark. At Goff Legal, we thrive on resolving issues and solving puzzles without unnecessary conflict. Contact us now to start navigating the conservatorship process and ensuring your loved ones receive the care they need.
