What is a Conservator?
What is a Conservator?
If you become incapacitated due to an illness or accident, a court may appoint someone to take care of you and manage your day-to-day affairs. This person is known as a conservator. The act of assuming the responsibilities and duties of a conservator is known as conservatorship.
What is a Conservator of the Person?
A “conservator of the person” is someone who is given the legal right to make decisions about your day-to-day life. This can include arranging for your care, deciding where you will live, and being in charge of your health care, personal care, and food. Thus, the party that is selected to be a conservator of the person should be someone who is familiar with the day-to-day needs of the person named.
What is a Conservator of the Estate?
A “conservator of the estate” is given the legal right to handle your financial affairs and make financial decisions on your behalf. The court oversees these dealings, and the conservator does need to obtain authorization for certain transactions, such as selling your property. Also, the conservator is required to purchase a bond which acts as a sort of insurance for your assets.
A conservator can be named either a conservator of the person, a conservator of the estate, or both. Depending on the situation, it may be simpler to name one person to act as both types of conservator.
How is a Conservator Appointed?
Courts will usually appoint a family member to act as your conservator. However, if no family members are suitable, the judge may pick someone else to be your conservator.
A conservator will control your affairs as long as needed. If you recover enough to take care of your affairs, then the conservatorship will end. Also, if all of your assets are used up, the conservatorship of your estate will end. Otherwise, the conservatorship will end immediately upon your death.
Do I Need a Lawyer for Assistance with Conservators?
Selecting the right person to act as your conservator is a very important decision. Your conservator will be authorized to make major decisions on your behalf, so you want to select a person who is trustworthy and who knows the ins and outs of your preferences. If you have any questions or disputes regarding conservatorship, a lawyer in your area can provide you with valuable legal advice. They will also be able to represent you in court if you need to file a lawsuit involving conservatorship laws.
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Last Modified: 09-05-2013 04:37 PM PDT
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