Courts can grant you a Conservatorship over the finances and estate of another individual who is either incapacitated or a minor. A Conservatorship’s goal is to protect a vulnerable person, who the court refers to as the “ward.”
You must petition the court to be a Conservator for a loved one. While these proceedings are sometimes simple and straight forward, they can also lead to contention and hostile litigation.
If you have questions about Conservatorships, contact a Woodstock Conservatorship lawyer at our firm. Our experienced attorneys at Nelson Elder Care Law can walk you through the Conservatorship process and help you determine if it is the right choice for your family.
As mentioned, a Conservator handles a ward’s finances and estate. On the other hand, a Guardian is responsible for making decisions regarding the ward’s living circumstances and care. You could potentially hold both roles, or a court can divide the responsibilities between two parties.
In most cases, a Conservator or Guardian will be a close family member of the ward. The powers granted to you under a Conservatorship should help your family ensure that your loved one receives proper care, and that the estate remains safe from neglect or those who may take advantage of the ward. Our Woodstock attorneys can help your family through the process of obtaining a Conservatorship.
If your loved one is unable to make their own financial decisions, serving as a Conservator can help you protect your loved one’s assets. Some tasks you must carry out as a Conservator might include:
The court will want to ensure that you are properly carrying out your assigned duties as a Conservator. As such, you will have to put together a report of the ward’s assets within 60 days of the appointment, and each you will have to prepare documents detailing the assets and indicating that the ward still needs a Conservator to handle their affairs.
A Conservator might need assistance with the documents that they must complete in their role. A Woodstock lawyer specializing in elder care law can help with these tasks and ensure that the Conservator properly manages the estate.
Sometimes your loved one might not believe that they are incapacitated, but family and friends may feel that they are no longer able to care for themselves. You and your family may have to convince the court that the prospective ward is not competent to care for their finances.
A court may order certain tests to determine whether to appoint a Conservator in this case. It is also possible for your family to conflict over who they believe should be the Conservator for the incapacitated loved one. The ward is by nature in a vulnerable position, so having someone in charge who aims to exploit that individual could create a devastating outcome.
Your family may have to litigate the matter to ensure that the person the court appoints as the Conservator has the ward’s best interests in mind. Since these cases can become emotional and challenging, our Conservatorship lawyers in Woodstock can provide reliable guidance to help avoid potential conflicts and help you get through this process with ease.
If your loved one is no longer able to manage their finances due to incapacitation, you and your family may want to consider Conservatorship. This legal tool can help you protect and care for your loved one while still allowing them some independence. Speak with a Woodstock Conservatorship lawyer at Nelson Elder Care Law to discuss your situation and begin taking steps to help your loved one.
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