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A person can ask the Probate Court to appoint a Voluntary Conservator when he or she is not incapacitated. In that case, the court order would not state that the conserved person is ?incapable.? Such a conservatorship will be terminated with thirty days notice to the Probate Court.
Often, the Probate Court will appoint a family member of the individual, or his or her close friend, as the conservator. Sometimes the court will appoint someone else, such as a lawyer. The court tries to determine who the conserved person prefers but, if a conflict exists, may appoint an uninterested party.
A person under voluntary representation may terminate the conservatorship at any time with 30 days notice to the court. A person under involuntary conservatorship, referred to as a conserved person, may petition the Probate Court to terminate a conservatorship at any time.
A legal guardian can make a wide range of personal and medical decisions for the person in their care while a conservatorship generally grants much more limited decision-making powers. A conservator usually only has the authority to pay bills, make investments, and handle other financial matters.
Often a Probate Conservatorship lasts for the lifetime of the adult. LPS: A temporary LPS Conservatorship is effective for approximately 30 days from the date of appoint- ment unless extended by court action. In no instance can a temporary conservatorship be extended beyond 6 months.
The conservator shall manage all the estate and apply so much of the net income thereof, and, if necessary, any part of the principal of the property, which is required to support the conserved person and those members of the conserved person's family whom the conserved person has the legal duty to support and to pay ...
Many conservators serve without compensation. In more complex cases and cases in which no family member is available to serve, the conservator may be paid from the income and assets of the conserved person. If the conserved person is indigent, the conservator is paid from the Probate Court Administration Fund.
A conservator of the estate supervises financial affairs, including caring for property, managing bank accounts and ensuring the safe handling of the person's income. Often, the Probate Court will appoint a family member of the individual, or his or her close friend, as the conservator.