The Bailey Law Firm serves as the legal advocate in court on behalf of persons petitioning to be conservator of a disabled person, on behalf of family members opposing a conservatorship, and on behalf of the person who has been alleged to be disabled.
What Is A Conservatorship?
A Conservatorship or adult guardianship is the legal process by which someone is appointed by the Court to make financial and medical decisions for you if you are incapacitated or disabled.
How Is A Conservator Appointed?
Someone desiring to become the conservator or overseer of a disabled person must file a Petition with the Court requesting to be appointed as conservator. After the Petition is filed, a Court hearing is scheduled to determine whether or not the disabled person needs the legal protection of a court-supervised conservatorship. Notice of the hearing must be given to all closest relatives of the disabled person. A Medical Report must be filed prior to the hearing. The Court must appoint a Guardian Ad Litem to investigate and report the facts. The Court may appoint an Attorney Ad Litem to serve as the advocate for the rights of the disabled person.
What If A Friend or Family Member Needs A Conservator?
If a friend or family member is disabled, and needs supervision or assistance, then you may need to petition the Court for a conservatorship to protect the assets and health of the disabled friend or family member. You will need to contact an attorney who is experienced in representing persons petitioning to be a conservator. The attorney can explain the conservatorship process, the legal consequences of petitioning to be appointed a conservator, and the duties of a conservator.
How Can I Avoid A Conservatorship?
You can avoid a court administered conservatorship by planning NOW for your future disability while you are NOT disabled. Disability planning options include Powers of Attorney and a Revocable Grantor Living Trust.