What Does a Conservatorship Attorney Do?
Conservatorship is a legal arrangement whereby a person (the “conservator”) is appointed by a court to manage the financial affairs and/or daily life of another person (the “conservatee”) who is unable to do so themselves due to physical or mental limitations.
The conservator has to act in the best interests of the conservatee and is typically required to provide periodic reports to the court on the status of the conservatee’s affairs.
Conservatorship can be a complex legal arrangement, and it is important to consult with an experienced conservatorship attorney if you are considering petitioning for a conservatorship or being appointed a conservator.
A conservatorship attorney can help you navigate the conservatorship process, whether you are petitioning for a conservatorship or have been appointed as a conservator. The attorney can help you understand the duties and responsibilities of a conservator and can assist you in meeting your obligations to the court and the conservatee.
The attorney can also represent you in court if there are disputes regarding the conservatorship arrangement. The court may appoint a conservatorship attorney to represent the interests of the conservatee if there is no one else willing or able to do so.
What Are the Different Types of Conservatorships?
There are two main types of conservatorships:
1. Financial Conservatorship:
A financial conservatorship is also known as a “conservatorship of the estate.” A conservator of the estate is typically appointed to manage the financial affairs of a conservatee who cannot do so themselves. This may include paying bills, managing bank accounts, and investing money.
2. Personal Conservatorship:
A personal conservatorship, also known as a “conservatorship of the person,” is typically appointed to make decisions about the conservatee’s daily life, such as where they will live, what medical treatment they will receive, and what type of care they will receive.
A conservator may be appointed for both the estate and the person, or there may be separate conservators selected for each.
How Is a Conservatorship Established?
A conservatorship is typically established through a court proceeding. A petition for conservatorship must be filed with the court, and notice must be given to the proposed conservatee and any other interested parties.
A hearing will be held, and the court will decide whether to appoint a conservator. The court will consider evidence presented by both sides and decide based on what it believes is in the best interests of the proposed conservatee.
If you are considering petitioning for a conservatorship, or if you have been appointed as a conservator, you should consult with an experienced conservatorship attorney to discuss your legal rights and options.