My loved one is too disabled to manage his life; what can I do? |
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 Can I use her estate plan to help manage her life? |
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| What if my loved one has no estate plan? |
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 Can I use a conservatorship to manage his situation? |
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 What is a conservatorship? |
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| How do I establish a conservatorship? |
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The conservatorship is started by an interested party filing a petition with the probate court seeking the appointment of a conservator. The screening process requires notice to the incapacitated person, who must be represented by court-appointed counsel. Frequently the incapacitated person is evaluated by a medical professional to determine whether the potential conservatee’s level of mental impairment, if any. If the incapacitated person objects, he has the right to a jury trial before being placed under a conservatorship. If a conservatorship is necessary and warranted, the court will issue an order appointing an individual conservator. The appointed conservator then obtains Letters of Conservatorship which gives the conservator the legal authority to manage the conservatee’s affairs. The appointment process usually takes more than a month and sometimes longer. If there is a pending emergency, the court can sometimes act quickly but the petitioning party is required to show good cause justifying the emergency appointment. |
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| Who serves as the conservator? |
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| What happens if there is disagreement over who to appoint as conservator? |
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| My loved one is being victimized; what can I do? |
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| My loved one is in the hospital and I need to prepare for their death? |
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