At some point in an individuals' lifetime it often becomes impossible for them to take care of themselves or make sound financial decisions. On the contrary they might start making decisions that are harmful to themselves or fail to take appropriate steps for self care, personal or financial. This state of being is often due to a sudden onset of dementia, some form of debilitating disease, mental incapacity, a genetic condition, or an accident resulting in physical or mental incapacity.
A conservatorship is a petition filed in the appropriate Court of jurisdiction for a petitioner to establish an ability to make decision on behalf of an adult individuals' financial assets or their person as a result of their inability to make these decisions for themselves. The individual over whom this authority is sought is called the proposed Conservatee. The proposed Conservatee may have the mental capacity to attend the hearing or even nominate the conservator themselves, however that is often not the case.
A petitioner is usually the spouse, family member, or a close friend and is called the proposed conservator. This petition may get extremely complicated and requires very specific rules, laws, and regulations to be followed in order to be successful. While you can file a petition yourself, it is not advised and having the help of a knowledgeable attorney will certainly put you in an advantage.
Upon the submission of the petition, a judge usually sets a hearing in the near future and requires notice to be given to all individuals that are related and may have an interest in this petition. Furthermore, a doctor may have to submit a declaration about the capacity of the individual to manage their own affairs or attend the hearing.
Upon granting of the petition, the Court issues what are called Letters, which confirm that the Court has granted the petition and that the proposed conservator may make decisions and act on behalf of the individual.
Conservatorship petitions are often filed as a result of the individual not granting a power of attorney to an appropriate individual while they had capacity, however because they have become incapacitated, they now don't have the mental capacity to assign their rights, necessitating a petition with the Court.
It is also common for temporary conservatorships to be requested in emergency situations, for example an individual lost mental capacity but has mortgage payments or credit card payments to make, but no one can access their finances or accounts. In this case, upon filing of a full conservatorship petition, the Court will entertain a temporary conservatorship petition to limited resources, pending the hearing on the full conservatorship petition.
We help clients identify, file, apply for, and complete successful conservatorship petitions. For more information please book a free consultation with our attorneys.
A conservatorship is a petition filed in the appropriate Court of jurisdiction for a petitioner to establish an ability to make decision on behalf of an adult individuals' financial assets or their person as a result of their inability to make these decisions for themselves. The individual over whom this authority is sought is called the proposed Conservatee. The proposed Conservatee may have the mental capacity to attend the hearing or even nominate the conservator themselves, however that is often not the case.
A petitioner is usually the spouse, family member, or a close friend and is called the proposed conservator. This petition may get extremely complicated and requires very specific rules, laws, and regulations to be followed in order to be successful. While you can file a petition yourself, it is not advised and having the help of a knowledgeable attorney will certainly put you in an advantage.
Upon the submission of the petition, a judge usually sets a hearing in the near future and requires notice to be given to all individuals that are related and may have an interest in this petition. Furthermore, a doctor may have to submit a declaration about the capacity of the individual to manage their own affairs or attend the hearing.
Upon granting of the petition, the Court issues what are called Letters, which confirm that the Court has granted the petition and that the proposed conservator may make decisions and act on behalf of the individual.
Conservatorship petitions are often filed as a result of the individual not granting a power of attorney to an appropriate individual while they had capacity, however because they have become incapacitated, they now don't have the mental capacity to assign their rights, necessitating a petition with the Court.
It is also common for temporary conservatorships to be requested in emergency situations, for example an individual lost mental capacity but has mortgage payments or credit card payments to make, but no one can access their finances or accounts. In this case, upon filing of a full conservatorship petition, the Court will entertain a temporary conservatorship petition to limited resources, pending the hearing on the full conservatorship petition.
We help clients identify, file, apply for, and complete successful conservatorship petitions. For more information please book a free consultation with our attorneys.