What is the definition of conservatorship/guardianship?
When a person can no longer take care of themselves when it comes to finances and health care, the courts will place powers and responsibilities to manage that person’s affairs in the hands of a conservator/guardian.
In some cases, an individual who is in failing health may have already signed a durable power of attorney agreement which will negate the need for a conservator/guardian. But in a vast majority of cases, family members will need to approach the courts and ask to have a conservator/guardian appointed.
What is a conservatorship/guardianship attorney?
Because the duties of conservators/guardians can be time-consuming and complicated, a conservatorship/guardianship attorney will be appointed. This may be the best choice in many cases, because conservators/guardians will need to attend court hearings, keep detailed records and file papers with the court on a regular basis.
What are the responsibilities of a conservator/guardian?
An attorney makes sense as a conservator because all court documents and actions are a matter of public record. Appointing an attorney gives family members a certain amount of privacy when it comes to sensitive family matters. Also, conservators are overseen by the court and must report back periodically so the court can make sure the conservator/guardian is not taking advantage of the person they are assisting. Courts may also require a conservator/guardian to get approval from the court before making a major decision, such as selling off a piece of real estate or seeking to terminate life support.
How much does a conservatorship/guardianship attorney cost?
Conservators are reimbursed for any expenses they incur, as well as being paid for the services they render. Payments come from the assets of the person they are taking care of, and must be deemed reasonable by the court.
A conservator/guardian must keep performing their duties until released by the court through an order ending their responsibilities. This will generally happen with the conservatee dies, no longer needs assistance, or if their assets have been depleted to the point they can no longer sustain the expenses associated with a conservatorship/guardianship.
Have questions about conservatorship/guardianship attorneys?
At RMO Lawyers, we protect people like you every day. Contact us anytime for a free consultation: (424) 320-9444 or email hello@rmolawyers.com