When a person loses the capacity to make decisions for themselves, and has not executed powers of attorney, a court will appoint someone (referred to as the Conservator) to make financial and health care decisions for that person (referred to as the Ward). Essentially, a conservator is a court appointed power of attorney.
Who needs a Conservator? Individuals who are no longer able to make financial and health care decisions for themselves, and who don’t have any powers of attorney executed are in need of a conservator. Conservatorship can be created for any number of situations, such as:
- Individuals who have developed Dementia, Alzheimer’s, or general memory loss
- Individuals who suffer from various mental disabilities
- Individuals who suffer from severe psychiatric disorders
How does one obtain a conservatorship over someone? In order to obtain a conservatorship over an individual, one must file a Petition with the Court, and then explain and prove the reasons why said individual is no longer capable of making decisions for themselves. The court will then make a determination on whether the individual needs a conservator, and who will serve in that capacity.
What are the cons to obtaining a conservatorship?
- Obtaining a conservatorship over someone is an expensive and time intensive. These are some of the expenses that one would incur in order to obtain a Conservatorship over someone:
- Attorney’s Fees
- Court Costs
- Filing Fees
- Fees for Bank Records/Fees for Medical Records
All Conservatorships are going to require these costs, and more the likely will take several months for the entire process to be completed.
- The person the Court appoints as your conservator may not be the person you would choose to be in charge of your health care and financial decisions.
- The great expense and time required to obtain a conservatorship can all be avoided by having Powers of Attorney prepared and executed
If you are currently in a situation where someone you know and love needs a conservator, contact Batson Nolan and set up an appointment with our Estate Planning team, so that they can assist you in obtaining a Conservatorship.