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When a person loses the capacity to make decisions for themselves, and has not executed powers of attorney, a court will appoint someone (referred to as the Conservator) to make financial and health care decisions for that person (referred to as the Ward). Essentially, a conservator is a court-appointed power of attorney.

Who needs a Conservator? Individuals who are no longer able to make financial and health care decisions for themselves and who don’t have any powers of attorney executed are in need of a conservator. Conservatorship can be created for any number of situations, such as:

  • Individuals who have developed Dementia, Alzheimer’s, or general memory loss
  • Individuals who suffer from various mental disabilities
  • Individuals who suffer from severe psychiatric disorders

How does one obtain a conservatorship over someone? In order to obtain a conservatorship over an individual, one must file a Petition with the Court, and then explain and prove the reasons why said individual is no longer capable of making decisions for themselves. The court will then determine whether the individual needs a conservator and who will serve in that capacity.

What are the cons of obtaining a conservatorship?

  • Obtaining a conservatorship over someone is expensive and time-intensive. These are some of the expenses that one would incur in order to obtain a Conservatorship over someone:
  • Attorney’s Fees
  • Court Costs
  • Filing Fees
  • Fees for Bank Records/Fees for Medical Records
  • All Conservatorships are going to require these costs, and more likely, it will take several months for the entire process to be completed.
  • The person the Court appoints as your conservator may not be the person you would choose to be in charge of your health care and financial decisions.
  • The great expense and time required to obtain a conservatorship can all be avoided by having Powers of Attorney prepared and executed

Our experienced legal team also handles other types of estate planning cases, including:

If you are currently in a situation where someone you know and love needs a conservator, contact Batson Nolan PLC and set up an appointment with our Estate Planning team, so that they can assist you in obtaining a Conservatorship.