When and why is a conservatorship required? Adults may reach a point in life where they are unable to make critical decisions affecting their own welfare. This could range from financial, child custody and inheritance issues to life or death decisions. At this time, a conservatorship maybe required to ensure that an individuals’ rights and interests are protected.
Why do you need an attorney?
A conservator must be appointed by the Court, after filing a Petition for Conservatorship and other necessary documentation. The filing and court proceedings require the expertise of an experienced and qualified attorney. When an adult (generally an elderly person) becomes incapacitated but has not signed proper documents, such as a Durable Power of Attorney there are risks associated with the handling of his or her affairs.
A Durable Power of Attorney is essential because it defines WHO has the power to make financial decisions. This is also applies to an adult with a developmental disability who is unable to make critical decisions affecting his or her welfare.
Did you know?: There are 2 types of conservatorships:
How to avoid a Conservatorship
Conservatorships are time consuming, costly and inefficient. We draft powers of attorney, advance health care directives and other important documents that help our clients avoid the necessity of a conservatorship later in life. With proper documents, you can designate an individual to make important financial, health care and other critical life decisions on your behalf in the event that you become incapacitated. Make an appointment with us to discuss your needs.