If your loved one is unable to manage their personal affairs due to mental or physical incapacity and you need to be able to care for them, you may need a conservatorship.
A conservatorship can become necessary to ensure the safety and wellbeing of individuals who are unable to take care of themselves. To obtain a conservatorship, you must bring a Petition asking the Court to appoint you as Conservator on behalf of the incapacitated loved one.
A Conservator is a legally appointed guardian who is charged by the Court with the management of the financial affairs, living arrangements, and/or healthcare decisions of an incapacitated adult.
This can become necessary for older adults suffering from physical or mental limitations, but it can also be necessary for any individual suffering from some incapacity that makes them unable to care for themselves.
Depending on the complexity of the case, this process can take a few weeks to a few months. The Court must appoint a Guardian Ad Litem to investigate the situation and make a report to the Court as to whether a conservatorship is needed or not. The Court must then determine whether the individual’s rights should be removed and placed in the care of the conservator.
If the Court determines that a Conservatorship is needed, a Conservator would be appointed and would be charged with making a detailed inventory of the estate and submit a "property management plan." Further the Conservator must make yearly accounts to the Court.
Acquiring a Conservatorship can be an emotional and complex process. Call us first to discuss your particular circumstances and your best course of legal action with one of our experienced, compassionate attorneys.
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