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Conservatorships

Conservatorships are generally put in place for adults who are significantly disabled by mental illness, elderly individuals who lack mental capacity due to medical conditions such as dementia, or individuals with developmental disabilities who lack the capacity to manage their own affairs. In a typical conservatorship proceeding, the allegedly incapacitated person must be evaluated by a qualified physician or psychiatrist who prepares a report documenting the person's mental capacity and physical condition.  The report is provided to the court.  The proposed conservator must also demonstrate to the court that he or she is financially responsible and has the skills needed to perform the duties of a conservator.  A bond is usually required but can sometimes be waived.  A guardian ad litem (usually a local attorney other than the petitioner's attorney) is appointed to investigate the circumstances and the conservator.  Thereafter, a conservator is appointed by a judge to manage the financial affairs and/or physical care of the incapacitated person. 

An adult under conservatorship is a "conservatee".  Conservatorships for minor children are usually referred to as "guardianships" and the minor child is referred to as the "ward". The conservator or guardian must make regular, periodic reports to the court regarding the management of the conservatee or ward's affairs, especially financial affairs.

The need for a conservator to manage the affairs of an adult is often the result of said adult's failure to plan.  Don't let this happen to you!  Make sure you have medical and financial powers of attorney (at a minimum) in place so that if you become incapacitated, a conservator will not need to be appointed for you.  The cost of putting those instruments in place is cheap compared to the cost of going to court to have a conservator appointed for you.

If you need to obtain conservatorship over another person (typically a family member) in or near Crossville, give is a call at 931-250-8585.

 

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