There are times when an individual may not be able to handle their own financial matters, used for the elderly or dependent adults who have illness or are disabled to do so. For such adults a person can take up the responsibility of a conservator by approaching a family court. And if you get the opportunity to do so, you will be able to man age the finances of the dependent or the elderly as per legal authority granted to you. The court will then supervise you and all the decisions pertaining to the dependent’s finances hold you accountable. Visit website for more information.
A lawyer who helps seeks conservatorships, you can also become a conservator of the person and the finances or different individuals can assume them. The kinds of conservatorships available
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- temporary conservatorship is usually allowed for some time.
- contested conservatorships also exist.
- general conservatorships are there
- the removal of conservators
All the above processes may require lawyer consultation and there are specialised lawyers help in obtaining such permission from the court for you. The conservatorship may not always be required if the dependent person has already made a comprehensive estate plan on the following areas
- An advance health care directive
- A power of attorney for the financial matters
- Made a trust to deal with the above
But at times a conservator is appointed if the trustee or the agent do not cooperate and there can be an amendment of the documents. Visit website to seek information on probate lawyers.
The conservatorship process may involve
- The conservator must approach the court with the person he/ she is representing, the dependent may not have to attend it if medical health does not permit.
- The court will investigate the person who has applied for the conservatorship and he/she must have recommendations when filing for conservatorship.
- The conservatee is medically examined and checked for any cognitive disorders and decision-making processes to see if the person can take the right decisions on the course of treatment etc.
The lawyers dealing with conservatorships make sure that the settlement takes place before a trial to avoid the stress and the costs of holding a trial.
If the dependent seeks for a conservator himself/herself then it is known as voluntary conservatorship, but if the dependent is not seeking one, or the family member or friend disputes the conservatorship, it amounts to contested conservatorship. The lawyer will help during the contested conservatorship on behalf of the dependent or the conservator. The dependent has the power to appear for him/herself in the court of law.