Conservatorships

When an individual is not taking care of him or herself either physically or financially, a Conservatorship is often needed. A Conservatorship is a legal proceeding wherein a third Party (usually a spouse or relative) is appointed to take care of the disabled person's medical and/or financial needs. Individuals who suffer from dementia or Alzheimer's Disease often require the appointment of a Conservator to ensure that their bills are paid, that their financial affairs are looked after, and that they are properly cared for medically.

A Conservatorship can be "temporary" or "permanent" but can always be terminated if the Conservatee (the person requiring the supervision) recovers to the point where the Conservatorship is no longer necessary. A Conservatorship can be either for the "Person" (taking care of the Conservatee's personal needs), for the "Estate" (dealing only with financial matters), or both.

Usually, if a person needs a Conservatorship for their "Person" they usually also need one for their "Estate" and vice versa. A spouse, relative, heir or friend usually contacts an attorney then he or she observes the third Party with unpaid bills, giving money away to strangers, not taking care of themselves, failing to keep medical appointments, etc. Sometimes, a catastrophic incident occurs such as a stroke or an accident which renders the proposed Conservatee incapacitated. In those instances, an application is made to the Court for the appointment of a Conservator. The Court usually sends out an investigator to report to the Court as to whether a Conservatorship is appropriate. A Hearing will be held and if a Conservator is appointed, following the appointment he or she must file an inventory, take charge of the Conservatee's Estate and medical needs and file regular accountings with the court.

Our Firm can assist the potential Conservator by explaining the process, assisting him or her through the legal proceedings and providing help in preparation of an Inventory and the regular accountings required by the Court.