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Do you know whether or not you need a conservatorship attorney? If you’re working on your own estate planning or caring for a loved one experiencing a terminal illness you will need to understand how an attorney experienced in family law matters, particularly conservatorships, can help you.
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When it comes to incredibly personal moments in our lives like death and health in decline, it’s necessary that a legal presence and often court hearings and rulings take place. These practices are paramount to protecting the people who can no longer make decisions for themselves.
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Keep reading this page to learn more about conservatorships. If you’d like to speak to somebody who can guide you through the process, then please give us a call at (703) 468-1885. You can also contact our family lawyers online by filling out our form here.
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Understanding Conservatorships
Estate Planning and Wills
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Understanding Conservatorships
As you begin learning about the types of legal guardianship available, you will need to understand the finer nuances between guardian roles set forth in elder law and family law.
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It’s instrumental to know the key differences between conservatorship and medical power of attorney, for instance, and to understand basic elements of wills and probate. Though a conservatorship attorney will explain these concepts in depth to you, it doesn’t hurt to conduct as much research as possible so that you are secure in your knowledge of these issues.
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Legal Guardianship
Legal guardianship is a practice wherein someone is appointed to make financial decisions on behalf of another. A conservator is appointed if the Court finds that a person is unable to make sound decisions regarding finances on their own behalf due to mental incapacitation, and if this individual (called the “Conservatee”) has no other family members who can assist with personal money management.
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Conservatorship Vs. Medical Power of Attorney
At this point, you may be wondering about the differences between a conservatorship and medical power of attorney, as often the two get confused. The key difference between a conservatorship and medical power of attorney lies in money management.
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Conservatorship is granted, generally speaking, to protect someone with diminished mental capacity likely due to illness or disability, and a conservator will take charge of the Conservatee’s property, bank accounts, and all financial matters.
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These are in stark contrast to the role of a medical power of attorney which grants someone authority to act on behalf of another for the express purpose of making health care decisions. Often, the medical power of attorney is set forth in a document known as an Advanced Medical Directive which dictates the medical care termination and life support services one wishes to receive. Medical powers of attorney do not authorize an individual to make financial decisions on behalf of another.
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The Importance of Taking Action Now
Even if you are young, it’s important to consider elder law as it relates to your estate planning, tax planning, and legal will. As we age, we may find ourselves in a situation where conservatorships are a very real and very necessary role to be filled. While we can’t forecast the situations life will throw our way, taking the time to plan ahead can only make for a more sound future.
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An experienced conservatorship attorney can help you understand the more difficult aspects of family law and estate planning, and having someone knowledgeable that you can trust now may make all the difference later.
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Estate Planning and Wills – How Conservatorship Attorneys Can Help
Through your life you’ll acquire property, various bank accounts and investments, and perhaps start a family. You’ll want to lay plans now for how these pieces of you and your life will be handled after your death. For these reasons, it is important to consult a qualified conservatorship attorney experienced in all aspects of wills and probate, tax planning, and estate planning. A conservatorship attorney will help you to understand the laws in your state as they relate to your situation, as well as explain options available to you across various situations.
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Particularly with unforeseen health issues and terminal illness, the capacity to make sound financial decisions can be diminished and cause unnecessary stress.
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Depending on the type of conservatorship needed and the state you live in, you will need to hire a conservatorship attorney to begin the process of appointing someone as conservator. Family law differs from state to state, but generally conservatorship attorneys will need to petition the court on your behalf before the process can begin.
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In instances where mental incapacitation needs to be proven, a judge will need to make the final determination, and during this time the court may appoint a guardian ad litem. These individuals serve mainly to provide protection and service as it relates to legal matters for the Conservatee.
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Once the court hearing is complete, the conservatorship will be granted and the services of the guardian ad litem will be no longer necessary. The guardianship attorney you hire will be able to provide you with information concerning the entire process.
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When you petition the court for conservatorship, you will need to know which type you are seeking. A conservatorship attorney will be able to evaluate your situation and explain the options available to you so that you select the appropriate role.
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Family Law and Types of Conservatorship
Conservators are appointed to manage the property, including finances, of the incapacitated person they represent. Conservators typically pay bills, prepare and file tax returns, make investments, and even sell property on behalf.
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Because matters of property and finances often carry heavy emotional attachments, it is important that you consider appointing someone who will see to it that your best wishes are carried out consistently. As it relates to wills and probate, having a conservator in place beforehand can make the management and transition of monetary and property matters go much more smoothly.
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Hiring conservators is especially frequent in aspects of elder law, since mental capacity diminishes naturally with age.
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Generally speaking there are two types of guardianship set forth:
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- Full conservator
- Limited conservator
A full conservator is just as the title describes – this person helps to manage all financial resources and property on behalf of someone else. As advanced estate planning and tax planning become a necessary part of life, a full conservator can be an especially valuable asset for elder planning and estate planning.
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A limited conservator is appointed when financial decisions are needed only for specific instances. In these situations, a limited conservator will take care of daily financial obligations like bill payments and tax preparation and filing. Consider a limited conservator to be an extension of your daily financial obligations. Hiring a limited conservator can be a particularly successful relationship when the threat of terminal illness or rapid mental incapacitation are not immediate risks.
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Important Things to Remember
Remember, before the Court will appoint a conservatorship, a guardian ad litem will be put in place during the interim between filing the conservatorship petition and the final court hearing appointing conservatorship. This person’s involvement is merely to serve and protect the person for whom conservatorship is being requested with respect to legal proceedings, and will end once conservatorship is granted.
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Again, as laws vary from state to state you may have additional options available to you outside of the two briefly mentioned in this article which is why consulting a guardianship attorney is highly recommended. Likely, your state will call for specific requirements for conservators as outlined by state laws.
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For example, a Virginia conservatorship attorney would inform you that conservators must give an accounting of property owned by the incapacitated person to the Commissioner of Accounts. A Virginia conservatorship attorney would also advise you that not acting as required by law can terminate your conservatorship.
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Let Irving & Irving Help
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Family always comes first at Irving & Irving and we’ll make sure your needs receive the attention and compassion they need during these difficult times.
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Our attorneys offer years of experience and an intimate understanding for how to help you and your family maintain stability.
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If you need help wills and estates, then let Irving & Irving give you the helping hand you need. Give us a call at (703) 478-1885 and we’ll be happy to walk you through the process.
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