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A conservatorship is necessary for those individuals who have neither a power of attorney or healthcare directive, and have lost the ability to make informed decisions and/or care for themselves. A conservatorship may also be necessary for other reasons, such as an invalid or fraudulent power of attorney document.
When someone begins a conservatorship proceeding, a judge must hear evidence on the person's mental capacity. If the judge concludes that a conservator is necessary, he or she will appoint one -- commonly, the spouse or adult child.If that happens, the judge follows preferences established by state law.
Conservatorship places another person or organization in charge of an adult's financial matters or care when that adult is incapacitated and unable to manage their own affairs.Conservators are charged with acting in the best interest of their ward.
You Need the Attorney to File a Petition For Conservatorship. During the application process for the conservatorship, someone must file a petition for conservatorship with the court clerk.When you hire a conservatorship lawyer, they can file the petition for conservatorship for you.
Fix the residence or specific dwelling of the young adult child. Have access to the confidential records and papers of the young adult child. Control the right of the young adult child's right to enter into contracts. Give or withhold medical consent regarding the young adult child.
A conservatorship is a court case where a judge appoints a responsible person or organization (called the conservator) to care for another adult (called the conservatee) who cannot care for himself or herself or manage his or her own finances.
Someoneusually a family memberfiles a petition with the court to become the conservator for an individual. The petition will state that the individual in question is unable to manage his or her income and property without assistanceand without management assets will be wasted or dissipated.
A conservatorship may be established after a relative, friend, or public official petitions the court for appointment of a conservator. The petition must contain information on why the individual cannot manage his or her financial affairs or make appropriate decisions concerning his or her personal care.
How is a guardianship or conservatorship set up? Someone interested in the individual's welfare must file a petition in Superior Court, Probate Division, requesting appointment of a guardian or conservator. Once the petition is reviewed by the Probate Division and accepted for filing, a hearing is scheduled.