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What is Legal Conservatorship?

Due to different life circumstances, a person may become incapacitated and the support of the state is necessary to protect his or her rights. Conservatorship paperwork is a legal institution whose purpose is to ensure normal living conditions and represent the interests of citizens who are unable to take care of themselves.


The group of such people includes young children, minors, as well as adults with health problems that limit their ability to act.

U.S. law: How to get conservatorship

The status of conservator or custodian is granted by a specially authorized body, as well as by the court. The first condition for their establishment is the recorded fact of incapacity of a citizen (conservatee), after which it is necessary to collect, fill out and file the judicial documents to one of the state authorities to get a positive decision.


After consideration of the papers provided, the authorities give a positive decision or a reasoned refusal, which can be challenged.

Please check the list of additional paperwork you may need while applying conservator forms:

Please check the list of additional paperwork you may need while applying conservator forms:

  • 1. Statement by the sponsored individual.
  • 2. A court decision fixing the incapacity of an elderly person (if necessary).
  • 3. Letters confirming the financial position of the applicant.
  • 4. Medical report with data on the applicant's health.
  • 5. Certificate of a criminal record.
  • 6. Letter on the availability of living space.
  • 7. Marriage or divorce certificate.
  • 8. Certificate of the proper current condition of the applicant's home.

Check if You Can Get the Status of Conservator

Before you begin filing the conservatorship forms or applying petition with the appropriate judicial authorities, you should check whether you can be a guardian for minors or disabled people.

The requirements for a person wishing to obtain the above legal status include the following:

  • 1. A custodian may only be an individual with full legal capacity who is able to meet the needs of the person under his/her care.
  • 2. Personal relations between the parties are of great importance.
  • 3. In this matter, preference is given to relatives.
  • 4. It is necessary to have a voluntary desire for writing.

People who abuse drugs and alcohol, have dangerous infectious and deadly diseases, and have a criminal record for serious offenses deprived of parental rights cannot be appointed conservators.

The state authorities take the choice of a guardian as carefully as possible, and priority will be given to the one who can take better care of the ward.

Understand the Rights and Duties of Custodians under Legal Conservatorship

After the conservator files the conservatorship form and receives a positive decision, he or she receives a certain number of rights and obligations, among which:

  • 1. Creation of normal living conditions, proper care, and treatment if necessary.
  • 2. To take appropriate measures in cases of violation of the interests of the conservatee.
  • 3. Care for the proper development, education and necessary upbringing of the child.
  • 4. Conclusion of legal transactions on behalf of an incapacitated relative.

Summary

Under U.S. law, every citizen has the opportunity to inform guardianship authorities about an incompetent person in need of assistance. In addition, the care of relatives and friends is a priority for all individuals. US Legal Forms service helps to understand how to get conservatorship and simplifies the whole procedure. All the papers are prepared by professionals and are easy to use.

Some of the relevant legal forms include:

  • Petition for Conservatorship
  • Judicial Council Official Form
  • Demand for Accounting
  • Notice of Hearing
  • Petition for Appointment
  • Sample Letter Regarding Petition
  • Sample Letters for Oath
  • Conservatorship questionnaire


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