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When Is A Conservatorship Necessary?

Knowing the requirement of conservatorship is fairly complicated. It becomes more complex, especially when family members disagree for the care required for the conservatee. So, being a conservatee, what should you do? Most often, a conservatorship is required when the conservatee is not in a mental condition to sign legal papers and do not have Power of Attorney. There are two types of conservatorship. These are conservatorship of the person and conservatorship of the estate. A conservator can take the right decisions on behalf of you. However, if a conservatee feels that he/she has the capacity, a power of attorney can be executed.

Starting the process

When it comes to the law of conservatorship, it depends on the state you are living in. Therefore, it is pivotal to know the codes and standards properly by hiring an adept professional. In the case of conservatorship, the conservator must have legal orders from the court. Obtaining a court order can be done through various means. The concerned person should request an evaluation through a health professional. This includes analyzing mental health, fatigue, dizziness, and changes in physical ability. After judging appropriately, the health professional can provide a referral of conservatorship to the Public Guardian’s Office. As per the law in some states, guardians should file a report regularly so the court can stay updated with the information on physical and mental health.

The time span of the process

If a person is ill and requires round-the-clock treatment, it is recommended for a quick reaction of conservatorship. In such cases, the family members or the concerned individual can file a petition to the court for an Emergency Conservatorship. There are two types of conservatorship – General Conservatorship and Emergency Conservatorship. In respect of Emergency Conservatorship, it takes roughly five court days to implement the legal process.

Determining the situation of contested conservatorship

If someone from the family or friend wants to fight for conservatorship, the situation often becomes complicated. Basically, two different issues arise in most cases. Usually, the court appoints an attorney to represent the interest of the conservatee. The appointed attorney can also present a recommendation. However, in other cases, if the members of the family disagree to the terms, the court usually looks for a third party who stays neutral from both sides. If multiple members are fighting for conservatorship, the court can appoint a neutral professional to manage the care of the elderly person for a short period. This provides enough time for the family members to litigate the matter and come to a conclusive decision. The appointed neutral professional or the health care manager is licensed under the state governmental laws.

The conservatee or the family members usually allocate a certain amount of money, which is used for paying all the costs. If this isn’t the case or there’s a lack of budget, the county can pay for the costs. Issues arise when the petitioner, conservatee, and family members have different attorneys, and they come up with a bill of a few hundred. The best way to deal with this problem is to hire a professional who has the proper knowledge.