If an individual is no longer able to make sound decisions on their own, the courts can appoint a conservator to look after their interests. Conservatorships are almost always based on mental incapacity, as physical incapacity does not create a legal basis for guardianship. Total incapacity is when an individual is physically incapable of responding or communicating, and may also be caused by illness or genetics. A conservator is appointed to make decisions on behalf of the incapacitated person, while their guardianship powers are transferred to a trustee.
The court will appoint a conservator based on your application, and will order you to post a bond with a bonding company. This bond protects the ward in the event of mismanagement. It also protects you in case the conservator doesn’t fulfill his duties and loses assets. Oftentimes, guardianship attorneys are required to post a bond to represent them. If the conservator fails to post a bond, the court will order them to pay the fees.
When a conservatorship is necessary, an attorney will file a petition in court for appointment. The petition must show that the respondent is incapable of making sound financial decisions. It must also show that the person has at least $10,000 in assets. The court may appoint a conservator and a guardian, if the case requires both. The conservator will serve the respondent with a copy of the petition and a notice of rights, as well as mailed copies to the respondent’s family members, friends, and other people.
A conservatorship is required when a person is unable to make decisions on their own. A conservatorship of the person can be established when the court determines that the person is incapable of handling personal matters or finances. A conservator can consent to medical treatment, manage his or her estate, and assist with care. Conservators are appointed by the court to act on behalf of an individual when it is difficult to do so themselves. A conservatorship lawyer can help you establish one if needed.
When a person can no longer make decisions on their own, they will be placed under a conservatorship. A conservator will be appointed to look after the person’s interests and make decisions for them. Some people may have a durable power of attorney agreement in place, but most cases will require court intervention. A conservator will ensure that the person is taken care of, and that their property is kept safe. There are many reasons why a conservatorship might be necessary.
There are many different reasons why a family member can no longer make decisions for himself or herself. This could be due to physical and mental limitations, and a conservator may need the authority to place the person in a psychiatric hospital. Sometimes, the person may just need more attention. Regardless of the reason, a conservatorship lawyer will help in the process. If you feel that you are unable to make decisions for yourself, or a loved one, contact a Conservatorship Lawyer today.