Get Petition for Appointment of Conservator or Legal Guardian of Person and Estate of Adult who Physical or Mental Infirmity or Age, is Unable to Handle Affairs

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IN THE COURT OF (County), (State)IN THE MATTER OF THE CONSERVATORSHIP (or Guardianship) OF CAUSE NO. PETITION FOR APPOINTMENT OF CONSERVATOR OF Comes now , (Petitioner) who petitions and represents
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FAQ

Difference Between Conservatorship and Guardianship In many states, a guardianship gives a person control over the personal, day-to-day decisions of a ward, while a conservatorship provides the authority to control another person's financial decisions.

A guardian (or conservator) of the person is responsible for decisions about care provisions and living arrangements of the ward. A guardianship (or conservatorship) of the estate is charged with the ward's property and financial affairs. In some states, the term guardian is used for both scenarios.

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.

When comparing the difference between power of attorney and conservatorship, keep in mind that a person creates a power of attorney before a person they are incapacitated. In contrast, a conservatorship is formed after a person is no longer able to competently make critical financial decisions on his or her own.

A conservatorship is necessary for those individuals who have neither a power of attorney or healthcare directive, and have lost the ability to make informed decisions and/or care for themselves. A conservatorship may also be necessary for other reasons, such as an invalid or fraudulent power of attorney document.

Conservatorship places another person or organization in charge of an adult's financial matters or care when that adult is incapacitated and unable to manage their own affairs. Conservators are charged with acting in the best interest of their ward.

How is a conservator paid? A conservatorship usually allows the conservator to be paid for his or her services. ... The costs and expenses of a conservatorship are paid from the property of the person who is the subject of the conservatorship, also called the conservatee.

A conservator isn't required to support the conservatee, just to manage the conservatee's own assets and make personal decisions for him or her. A financial conservator does have the responsibility to seek all financial benefits and coverage for which the conservatee may qualify.

It is your responsibility to keep track of the dates and to renew the conservatorship on time. If you don't, the conservatorship will expire exactly one year after the appointment. But, if you are a just a few days or weeks late, the Court may establish the conservatorship retroactively to the expiration date.

All guardians owe a basic “fiduciary duty” to the ward. This means that they are required by law to act in a manner that is honest and responsible when managing the ward's financial affairs. ... This also implies that the guardian will keep the ward's funds separate from their own personal accounts.