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Conservatorship must be court-ordered and is based on medical proof, such as physical or psychological evaluations, as well as lay witness testimony describing the individual's inability to care for him or herself. Any interested party (not just a relative) can petition the court for conservatorship.
Here are five general steps to follow to get someone declared legally incompetent: File for Guardianship.Consult an Attorney.Schedule a Psychological Evaluation.Submit the Evaluation to the Court.Attend the Hearing.
What is it? If an adult with a disability cannot make their own decisions, the court can legally assign someone else to make decisions for them. The person the court assigns to make decisions is called a ?conservator?.
How long does it take? If the conservatorship is uncontested, it usually takes about four to eight weeks.
The person who believes another needs a conservator must file a petition with the court in the county where the ward lives. The petition must include a report by a doctor, psychologist, or senior psychological examiner that explains the proposed ward's medical condition.
The responsibility of a conservator is a paid role where funds from the incapacitated individual will be paid to the conservator for the management of the estate or their healthcare.