Conservatorship Versus Guardianship Without Court

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

The Conservatorship Questionnaire is a comprehensive tool for distinguishing conservatorship from guardianship without court involvement. It allows users to gather vital information about the proposed conservator and conservatee, including personal details, qualifications, and consent. The form includes sections for assessing the conservatee's health, financial status, and familial relationships, making it an essential resource for legal professionals. Target users, such as attorneys, partners, owners, associates, paralegals, and legal assistants, can utilize this form to initiate the conservatorship process efficiently and effectively. Key features of the form include sections addressing any past legal issues of the proposed conservator and specific requests for conservatorship powers. Filling out the questionnaire requires accuracy and attention to detail, enabling the legal team to determine eligibility and the necessity of a conservatorship. By providing a structured format, the form ensures that all necessary information is collected for proper filing and subsequent review. Overall, this tool serves as a foundational document in the legal proceedings related to conservatorship and supports effective resource management.
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FAQ

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.

One disadvantage of a conservatorship is the cost. Court supervision is somewhat of a two-edged sword. Supervision provides better protection, but it also increases the cost. Since the court remains involved in the proceedings after the conservatorship has been established, the costs can be significant.

Under South Dakota law, a ?guardian? has authority over personal and healthcare decisions while a ?conservator? has authority over the protected person's property and financial affairs.

In California, parents can sign a Guardianship Authorization Affidavit. This form gives a relative permission to make decisions about the child's education and medical care, or a non-relative permission to make decisions about education and school-related medical care.

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Conservatorship Versus Guardianship Without Court