A conservatorship can be created by family members of an adult who can no longer manage her own financial affairs. This is often used to protect the elderly, but can also be created for other dependent adults, such as people who have been disabled in accidents or by illness.
You can become a conservator for a dependent or elderly family member by going to family court and asking the judge to appoint you as a conservator. You will then have court-ordered authority and legal responsibility to manage the finances of the other adult. You will be supervised by the court and will be held legally accountable for all decisions.
Here are the basic steps to become a conservator:
1) Make a Request: Initiate a request with a family law attorney and/or the probate court. An individual can request a conservator for himself/herself and any adult can petition the probate court to be his conservator.
2) Provide Documentation : Provide documentation that the adult or family member cannot manage his or her own financial affairs.
3) Investigation by Court: Allow the courts to review the documentation and investigate the person who wants to be the conservator.
4) Attend Hearing: Attend the court hearing to determine the courts decision. If the court determines that the person is incapable of handling their own financial affairs and the petitioner has passed all background checks, the conservator will be legally appointed. Once appointed, the conservator has control of all or part of the individual's income, property and savings.
A court can also appoint a "conservator of the person." This differs from being a "conservator of the estate" in that the former can make medical and living arrangement decisions, while the latter can only make financial decisions. As with conservators of the estate, conservators of the person will be supervised by the court and asked to account for decisions.
Last Modified: 04-18-2018 07:08 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.