Conservatorship of an adult
A conservatorship is the appointment by a court of an individual or entity to manage the finances of an adult who is incapacitated. This might occur because the individual does not have a financial power of attorney, a Trust, or there is a problem with the document or the person named in the document to be the decision maker. Incapacity is caused by any medical condition that prevents an adult from managing their own affairs. A conservator is needed if the adult is unable to manage their estate affairs and their property is at risk of being wasted or dissipated. The appointment of a conservator is a legal action to interfere with the rights of an adult to manage their own finances and property. The law refers to the adult who is incapacitated as the ward.
The following are common situations in which a conservatorship might be needed.
➢ An aging parent has a serious illness such as Dementia that makes it so they can no longer manage their own daily affairs
➢ An adult sibling or child has been in an accident and is in a coma
➢ An individual’s spouse becomes ill or injured and cannot act for his or herself and the individual needs access to retirement or other accounts that are only in the name of the spouse
To become the conservator for an incapacitated adult a petition must be filed with the court and a judge must order the appointment of the conservator. Any interested person can be appointed as conservator such as a relative, neighbor, caregiver, or friend. There are many required documents to file with the court, trainings to complete, a physician report to obtain, and the court will complete an investigation. The proposed ward will be appointed an attorney. The court will hold a hearing on the petition for conservatorship to make a determination if a conservatorship is necessary.
Making the decision to initiate a lawsuit and file for conservatorship, even if it is to protect your loved one, is a difficult choice. We can help you evaluate the options available to protect your loved one and help you choose which course of action will best meet your needs.
Kile & Kupiszewski law firm has over 20 years experience in the area of adult conservatorship. Our firm has successfully assisted thousands of families to become conservator to protect their loved one’s finances. It can be a difficult and emotional decision to seek conservatorship and to take over someone’s financial affairs. When you come in for a consultation we will help you understand the conservatorship process and explore all of your legal options. Call us today to schedule a consultation 480-348-1590.
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