Conservatorships

What is a conservatorship?

A conservatorship action is a court proceeding where one person obtains authority over another person. This authority is either over another's "person," i.e., where another lives, what doctors they see, what they eat, wear, etc.; or over another's "estate," i.e. their assets and financial obligations.

Purpose of a Conservatorship

The need for conservatorships arises when a person becomes unable to manage his or her own affairs. Although this is commonly seen when an elder suffers from dementia, it can happen at any time and at any age. For example, if you are in a car accident and are in a coma, your loved ones may need to obtain a conservatorship to manage your assets for you and to direct your medical treatment until you are well.

How to Avoid a Conservatorship

Conservatorships can often be avoided through use of estate planning documents, such as a living trust, a durable power of attorney and an advance health care directive. With prior planning you can appoint persons to take care of these matters in the event it is required without the need to go to court. This can save a substantial amount of time and money, not to mention the inherent headaches and hassles of going to court.

We help clients obtain and administer conservatorships when they are needed. We provide alternatives to obtaining conservatorships in appropriate situations. We also help clients plan ahead to eliminate the need for conservatorships.

For specific information and legal advice regarding a conservatorship, please call and schedule your free initial consultation with a Van Sickle & Rowley Estate Planning Attorney.