There are a lot of questions, and way too many misconceptions regarding the process of conservatorship, as well as its provisions. Professional lawyers often need to answer a lot of questions regarding the process. In keeping with it, here’s the answer to some of the most frequently asked questions.
- Does conservatorship supersede a power of attorney?
Both a conservatorship and a power of attorney give an individual the right to make financial decisions for another person or agency. The difference is, the court has the authority to grant conservatorship to anyone it assumes to be responsible for managing the finance of someone who is now incapable of doing it on his/her own.
- Is a conservator legally obliged to pay for the expenses for the ward’s care?
Absolutely not! A conservetee would have his/her income in the form of entitlements, workshop wages and other assets. The cost associated with the care and well-being of the ward generally comes from his/her establishments. Hence, just by becoming an appointed conservator, no one assumes the financial responsibility of the ward. Nevertheless, any individual, comprehending the conservator and/or the guardian of the conservetee can be contractually obligated to pay for his ward’s care, provided he wants to make it.
- What is the difference between guardianship and conservatorship?
As a seasoned conservatorship lawyer explains, a guardian is an individual that usually the Circuit Court appoints to the custody and care of an adult or a minor. In the case, if an adult, the judge needs to be satisfied with the fact that the concerned person is actually incapacitated. A conservator, on the other hand, could refer to organizations like a Trust or a bank, as well as an individual that the Probate Division of the Circuit Court appoints to look after the properties of a disabled adult or a minor. That being said, a person who needs guardianship might not always need a conservator, as well.
- How long might a conservatorship last?
Generally, the tenure of conservatorship is likely to last for a year. About 90 days before its expiry, the clerks in the Probate Court Clerk’s Office would mail the conservator his/her Probate Court Clerk’s Office. Plus, the conservatee gets a notice from the court, too, which says the date when the conservatorship will be terminated.
- How long it might take to have conservatorship?
Applying for conservatorship, as well as getting it can be a long and time-consuming process. The time taken for the process depends on a number of factors. However, in emergency cases, the hearing for conservatorship takes about five days. Anyone interested to take the responsibility can file a petition, and mail the copies of it to all the persons, who are legally required in the process. The court would schedule a hearing for the same well within five days.
How Can A Lawyer Firm Help?
Often the process of applying and acquiring conservators take an ugly turn with family differences, litigations and many other acrimonious situations. This simply complicates the process, makes the legal war lengthy and costly, thus taking the toll on the person who actually needs help. Experienced Conservatorship Lawyer will make sure that prospective conservatee gets justice and put under proper guardianship without hitches.