What Is Conservatorship
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Conservators are people who manage the financial and health care affairs of individuals, who cannot make their decisions or take care on their own. If a person has a will and has named the successor and also power of attorney, then such a person does not need a conservator. A conservator is appointed when a person does not have a power of attorney or a will. Usually, the family members have to ask the court to appoint a conservator.
Appointing a conservator is a legal process. The court has to hear a case on conservatorship and also evidence has to be provided that the person is incapacitated. Ultimately the court decides who should be the conservator, and mostly it will be the spouse or adult children.
In rare case, more than one family member contests for the position of the conservator. At such events the judge decides as per the state laws. The state gives preference to the legal spouse but if the judge thinks that someone else can do a better job, then he will decide accordingly. For being a conservator, the judge should see enough reasons to give that position. It is unlikely that an unrelated person would be appointed. If there is such a person, close examinations of their intentions are examined. In case the person does not have immediate family, the court will appoint a professional conservator for the position.
A conservator is given all expenses and is paid for the services he/she renders. The assets of the conservatee usually take care of such expenses. The payments made will be according to the present medical expenses. Usually, a professional conservator is given a fee, but if a family member wishes to be paid, they have to present it in the court.
The duty of a conservator can be resigned only when the court declares them free to discharge. It can happen when the conservatee dies, if the conservatee recovers and is in a position to take care, if the conservator does not have any assets to be taken care of or if the conservator cannot perform the job anymore.In case a conservator wants to resign, they should wait until they have a replacement. Everything has to be done according to the court and all processes are carried out judicially. Conservatorship is a legal right to be the financial guardian of a person, so everything that they do has to be documented and approved legally.
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Expert Law: Conservatorship