The terms guardianship and conservatorship are often used interchangeably, but they are different. Conservatorship lawyers represent family members petitioning for a conservatorship over another family member. Sometimes, these lawyers represent the potential conservatee to fight a conservatorship. Here are three things you need to know about conservatorship and why conservatorship lawyers are essential to the process.
1. Conservatorship Is Adult Guardianship
Conservatorship and guardianship are often interchangeable because some states and federal agencies call conservatorship adult guardianship. Sometimes, adults need to have guardians just like children do. For example, let’s say your ailing mother has Alzheimer’s disease. She can no longer make sound decisions for her protection; with the help of a conservatorship, lawyers petition the court to allow you to take charge of her finances and make other day-to-day decisions to protect her from the effects of her condition.
2. It’s a Process, and There Are Limitations
A conservatorship is not something the court takes lightly. Getting one is a process that requires evidence that the conservatee can’t manage their own life. Some records that may need to be submitted include doctor statements, proof of diagnosis, and other supporting evidence of your claim. Conservatorship lawyers can help you gather the information you need. The court will decide if you get a full or limited conservatorship. This isn’t an all-or-nothing scenario. The court will decide how much supervision the adult needs based on the evidence provided.
3. Conservatorship Comes With Serious Fiduciary Responsibilities
Typically, conservators are tasked with managing finances. The court may limit the dollar value of the money that the conservator can deal with. If the conservator needs to spend more of the money allotted to care for the conservatee, they may have to get permission from the court. In guardianship cases for children, if the guardian has to manage more than $24,000 each year, the judge will appoint a conservator, according to Nolo. Courts take the mingling of finances very seriously.
The judge can (and typically does) require financial reports to be filed periodically. The conservator has a fiduciary responsibility to act in the best interest of the conservatee. If there is suspicion they are not, there could be criminal charges.
It’s always best to have conservatorship lawyers on your side before you take on a conservatorship. Get the advice you need by calling The Limbaugh Law Firm today.
