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If a conservator is no longer incapacitated and can make his or her own financial and life decisions, ending a conservatorship is often a fairly straightforward process: Obtain counsel who can help you prepare a Petition to Terminate Conservatorship. Submit a Petition form to the conservatee's county probate court.
These questions have significant ramifications on how your loved one regains personal and financial wellbeing and the legal care you provide. A conservatorship will override a power of attorney in most scenarios, but this rule has some exceptions.
The ward or conservatee, the spouse of the ward or the spouse or domestic partner of the conservatee, any relative or friend of the ward or conservatee, or any interested person may apply by petition to the court to have the guardian or conservator removed. The petition shall state facts showing cause for removal.
A conservator of the person supervises personal affairs and ensures that the person's basic needs, including food, shelter, clothing and health care, are met.
The limitations of a conservatorship will be defined by the Court while the limitations of a Power of Attorney (POA) will be defined by the individual delegating the authority. Finally, by keeping a power of attorney up to date you can avoid the potential need for a conservatorship.