When to Need a Conservatorship

When it comes to a conservatorship, it is one way to legally authorize someone to act in an official capacity on someone else’s behalf. According to Ron Nevin, a lawyer in Nashville, Tennessee, a conservatorship is most appropriate when someone close to you – usually a spouse or aging parent – becomes incapable of handling his own affairs.



You should consider a conservatorship if it has become clear that someone close to you is no longer capable of making his own financial or health care decisions and that person does not have a power of attorney in place.



A conservatorship is very similar to a power of attorney. When someone establishes a power of attorney, he is designating someone else (his "agent") to act on his behalf in the event that he should become incapacitated and incapable of making his own decisions. In order to establish a power of attorney, the individual naming his eventual designee must be of sound mind.



Necessity

A conservatorship, however, becomes necessary when an individual has lost the ability to make sound decisions on his own behalf but does not have a power of attorney in place. In this case, the court may appoint a "conservator" to act on behalf of the incapacitated individual. That conservator will be required to act under the supervision of the court, providing detailed accounts of all funds received and payments made on behalf of the incapacitated individual for the duration of the conservatorship. If medical or personal decisions have been made on that individual’s behalf, the conservator is also accountable to the court for those decisions.



The law requires that the person who is the subject of the conservatorship petition be represented in the proceedings by his own attorney. This attorney, who is appointed by the court, will meet with the petitioner, review the evidence in the case, and meet with the subject of the petition personally. Once this attorney has completed his interviews and reviewed all of the evidence, he will render an opinion on whether the conservatorship is necessary. If the attorney does not believe the conservatorship is necessary, there will likely be a hearing.



Petitioner

Anyone can file a petition for conservatorship as long as he has evidence to show that the individual who is the subject of the petition is sufficiently incapacitated. At a minimum, you need to have a report from a physician stating that the individual in question is incapable of managing his own affairs.



On the other hand, even if you have this evidence, and the court agrees that a conservatorship is necessary, there are a number of things the court will need to consider before giving you the job. Because the court’s primary goal is to protect the incapacitated individual, the court must do everything possible to ensure that the conservator will act according to that individual’s best interests.



When a petition for a conservatorship is filed, the next of kin (if someone other than the petitioner) must be notified. Occasionally, family members will contest the conservatorship or will compete to be named conservator. When this happens, the court must decide which family member (or other caretaker) is best qualified to assume the role of conservator.



In order to file a petition for conservatorship, you will need to hire an experienced attorney, preferably someone experienced in probate and family law matters. You need to have someone on your side who can guide you through the conservatorship process quickly and efficiently, so that you can begin giving your loved one the help that he or she needs.



This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.



Ron Nevin is a writer for Yodle Law Marketing, a business directory and online advertising company. Find alawyer or more lawyers articles at Yodle Consumer Guide.