A conservatorship is the legal process by which the court removes decision-making responsibilities from a disabled or incapacitated adult. The conservatorship may be over the disabled or incapacitated adult’s person (body) and/or estate (finances).
Who needs a Conservator?
An individual may need a conservator (the person who the court gives the decision-making responsibilities) when he/she is unable to make sound decisions regarding things such as healthcare and money. Before a conservator is appointed, it must be proved by clear and convincing evidence that an individual is disabled and in need of assistance, protection, and supervision of the court.
Examples of individuals needing conservators: 24 year old who becomes mentally incompetent, 35 year old left in a vegetative state after a motor vehicle accident, 60 year old with dementia.
How to Avoid a Conservatorship
You can avoid going through this process by having some or all of these things in place.
1) Durable Power of Attorney
2) Durable Power of Attorney for Healthcare
If you would like to speak to an attorney about a durable power of attorney or a will, please contact Donati Law, PLLC.