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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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
