Conservatorships protect mentally or physically incapacitated persons by appointing someone to care for their health and/or financial decisions. In a Conservatorship of the person, the Conservator is responsible for health care decisions and ensuring the Conservatee’s basic living needs are met. In a Conservatorship of the estate, the Conservator is responsible for managing the Conservatee’s assets. A Conservatorship may be permanent, limited, or temporary, depending on the type and duration of incapacity.
Conservatorships are necessary for those who do not have a durable power of attorney in place. A durable power of attorney is a written document appointing a person to make your health care decisions and manage your assets, in the event of your incapacitation. This is a document which is included in your estate plan. Failing to plan ahead for incapacitation will result in a court appointed and court-supervised Conservator, which will make your incapacity public information. Planning your estate can prevent this costly and time-consuming process.
If you have questions regarding conservatorships, please call us today for a free consultation at (619) 535-1405.