Conservatorship Legal Information For Attorneys
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How to fill out Conservatorship Questionnaire?
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FAQ
As for the cons, conservatorships are time-consuming and expensive. They require filing, attorneys' and investigator fees, as well as regular and ongoing court oversight. Also, court proceedings are public record, which can create privacy issues. Additionally, continued assistance of counsel is required.
A: A conservatorship will not override a durable power of attorney, which is different from a general power of attorney only in that it extends beyond the principal's incapacity. A judge may or may not grant a conservatorship when there is already a power of attorney in place.
The pros are that a conservatorship provides the greatest flexibility in being able to manage the changing needs of the subject person, arranging long term care, housing and being able to contract with providers as needed. As for the cons, conservatorships are time-consuming and expensive.
Costs start at $435. You will also need to pay a fee for an investigation. If the adult who may need a conservatorship can't afford the fees, you can apply for a fee waiver. It takes at least 1 month to get a court date to become a conservator.
To begin the process of seeking a conservatorship, a petition must be drafted. The petition is usually prepared by the proposed conservator, but also may be prepared by: The proposed conservatee (if they have the requisite capacity) A spouse, domestic partner, relative, or friend of the proposed conservatee.