If a court has recently appointed you as a conservator, this could be an entirely new process for you and you might have many questions. If you are unsure of what a conservator does, how you should proceed with this new title, or if you have questions regarding appointing yourself as someone’s conservator, please contact a conservatorships lawyer from a law firm like Yee Law Group, PC today.
Becoming a conservator is a huge responsibility, and can involve taking care of someone’s personal life and even their financial assets when they are unable to do so on their own. Thus, seeking legal advice regarding the correct ways to handle these assets can put you in the best position possible to take care of the proposed conservatee.
Can My Loved One Name Me As Their Conservator?
Yes. If a person can still make their own decisions, a court will typically allow them to appoint their conservator if they so wish. The potential conservatee accomplishes this by appointing one before the individual got into an accident or suffered from an illness. Typically, when someone appoints their conservator, it must be:
- Written Out
- Properly Notarized, and
- Witnessed
What Is Needed When Appointing a Conservator?
When a court grants someone the title of a conservator, a court must usually see medical evidence that the conservatee needs such care. This medical evidence must show that the conservatee is incapable of making their own decisions either personal or financial. To further substantiate this claim, a court may enforce additional medical or psychological tests for verification.
What Are the Duties of the Conservator of the Estate?
When a court appoints you as a conservator of a person’s estate, you will be responsible for taking care of the conservatee’s income and other assets. This makes sure you protect the person’s rights and assets. There is usually little room for defining your duties, as the court will make it clear and outline exactly what it is you must do. An attorney could be helpful when determining if the person needs you as a conservator of the person, conservator of their estate, or both, and what duties will need to be accomplished.
Can I Get Paid For My Services?
The conservator can make a stipend that is taken out of the conservatee’s assets. A court must decide that the fee being charged is reasonable and the rate is fair.
Can I Force the Conservatee to Move?
You cannot force the conservatee to move from their home without a court hearing. Because these are extreme actions, a court must decide that it is in the best interest of the conservatee.
If you have any other questions regarding your role or potential role as a loved one’s conservator, do not hesitate to reach out to Yee Law Group, PC today to get your questions asked. We want your loved one to get the best care possible.