Conservatorship Law


What are Conservatorships?

A conservatorships, or adult guardianship, is a concept that refers to the rights given to a person to legally make decisions and take care of all responsibilities for another person that is unable to do so for him or herself. Conservatorships are typically established for individuals suffering from comas, incapacitating medial conditions, disabilities, or other severe injuries and illnesses that leave the person unable to take care of themselves and unable to make decisions pertaining to their assets, finances, health, etc. The appointed person (the conservator) has the authority and responsibility to manage the finances, properties, responsibilities and medical decisions of the person that is unable to carry out these operations for him or herself (the conservatee).

If a person planned ahead and legally appointed a power of attorney in advance of their incapacitation, he or she would not need a conservator because the person named in the power of attorney documents would become the guardian or protector for the person in need. However, if a person did not or was unable to plan ahead, a court will need to appoint a conservatorship.

There are two types of conservatorships - LPS and Probate. An LPS conservatorship is for mental health patients and is established by the mental health treatment facility in which the patient’s care will be placed. A probate conservatorship is for most other incapacitated or disabled individuals that cannot care for themselves or manage their own finances. The conservators in these cases are typically family members or close friends of the individual in need. In either type of conservatorship, the court might appoint one person or facility to take care of financial matters (called a "conservator of the estate") and a different person to take care of medical and personal decisions or responsibilities (called a "conservator of the person"). One person may also be appointed to serve as both.

Conservatorship Lawyers

Establishing a conservatorship often requires court proceedings, extensive documentation, and possibly a bond if the conservatorship involves finances. It is highly recommended that a trained conservatorship lawyer be consulted while going through this process.

If a disabled or incapacitated person cannot appoint their own conservator, a family member or close friend may volunteer, or the courts may appoint a public guardian or professional conservator. Either way, it must be documented legally by the court system and it is subject to ongoing supervision by the court. Having a wills and estate planning lawyer help with this process, all documentation, and all proceedings may be extremely useful and can save the involved parties both time and money.

Lawyer Referral Service

Attorney Search Network can help you if you need to establish or change a conservatorship. We will refer you to a qualified wills and estate planning lawyer in your area that can assist with all of your conservatorship needs.

If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out out online form for your Wills and Estate Planning Conservatorships lawyer referral.

If you have any questions about the information provided above, please contact Attorney Search Network.