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A conservatorship may be established after a relative, friend, or public official petitions the court for appointment of a conservator. The petition must contain information on why the individual cannot manage his or her financial affairs or make appropriate decisions concerning his or her personal care.
A conservatorship is a court case where a judge appoints a responsible person or organization (called the conservator) to care for another adult (called the conservatee) who cannot care for himself or herself or manage his or her own finances.
Attend the hearing with counsel; If the Petition to Terminate the Conservatorship is not opposed or objected to, the court mostly likely will grant the Petition and end the conservatorship, as long as you have demonstrated that the conservatee can handle their own affairs.
While it's possible to terminate conservatorships without a lawyer, it's often much more difficult to do so. This is because conservatorship agreements are complex legal arrangements that offer details for the care of individuals who are classified as not capable of defending themselves.
Recovery and a Lack of Decision Making Some adults find it difficult to get out of a conservatorship after they recover from the issue that placed them under the guardianship of another person. This is often the case when waking from a coma or becoming whole after injuries.
Conservatorship is a legal process in which an adult, or sometimes an organization, is given the legal authority to manage an incapacitated adult's care or finances. Get the details on the situations in which this might be necessary.
If the conservator becomes ill or cannot continue serving as a conservator for some other reason, the conservator can file a petition asking the court to accept his or her resignation. Until (and unless) the court accepts the resignation, the conservator is still fully responsible as conservator.
A guardian or conservator may be removed for any of the following causes: (a) Failure to use ordinary care and diligence in the management of the estate. (b) Failure to file an inventory or an account within the time allowed by law or by court order.
There are situations when conservatorship/guardianship is necessary to protect an individual, there are documented cases of the system being abused. Forced guardianship/conservatorship is rare but can happen to anyone.
A conservatorship may be established after a relative, friend, or public official petitions the court for appointment of a conservator. The petition must contain information on why the individual cannot manage his or her financial affairs or make appropriate decisions concerning his or her personal care.