Practice Area Members
CONSERVATORSHIP GUARDIANSHIP
An attorney can provide legal services when needed if a close family member is unstable or has become incapacitated. If they didn’t set up a trust or sign durable power of attorney papers, then a conservatorship can be made. This legal professional can assist with the preparing and filing of the court petitions and all other related papers for appointment of the conservator/guardianship.
What is conservatorship or guardianship?
When it comes to representing someone’s rights in court, a conservator and guardian is a court-ordered authority. They have the responsibility to manage the affairs of those who no longer can make decisions about their finances or medical care. This applies to an individual who does not have a power of attorney document filed. Those with durable power of attorney documents use the person named in those documents for those decisions. A conservator or guardian must be petitioned in order to have control of an individual’s affairs. With an attorney, this process can be streamlined.
If an individual is appointed to take care of someone else’s matter, they are known as the conservator of the estate. The process can be time-consuming and costly, which makes it important to hire a professional attorney experienced with these types of cases. They understand the necessary paperwork to file and can help to streamline the process and make it easier for families. All court proceedings and/or documents are public record.
All conservators are subject to court supervision, which helps prevent them from mismanaging money and property or taking advantage of those they are supposed to be helping. Most courts require them to make periodic reports detailing the actions they have taken and why. Many courts even require them to seek permission before major decisions, such as selling real estate, are made. They must also post a bond, which is an insurance policy of sorts that protects their estate from being mishandled. This bond is paid from the assets.
During court proceedings, individuals may object to the conservatorship. They however must file papers with the courts and inform all interested parties as well as attend the hearing. Conservators are paid for their services and reimbursed for their expenses. The amount is also mandated by the court, if it is asked for in the first place as some family members don’t ask for compensation.
How an Attorney Can Help Your Family
If you need help with conservatorship or guardianship for a family member, contact one of our attorneys today for a consultation. We can discuss your case closely and give you the legal guidance you need during this difficult time. Call 913-962-8700 for more information.
