A conservator is appointed by the probate court at the request of a mentally competent adult who is unable to manage certain aspects of their life. The conservator accepts the job voluntarily and is granted limited decision-making power to carry out specific tasks on behalf of the conservatee; pay bills, manage investments, and specific financial matters.
In other cases, a person may file for conservatorship to help a loved one who is struggling with temporary or permanent incapacitation. If this is your situation, you must file for the position in a local court in the county where you live.
You will need these documents:
- A written statement confirming the conservatee’s physical infirmity. This paper must be signed by a medical professional.
- The conservator must fill out a Social Security form.
- Forms for Probate.
- Both the potential conservator and the conservatee must provide a copy of their driver’s license or government ID.
- Authorization for the proposed conservator to do a record check
For perspective, you may know of the very public conservatorship case of entertainer Britney Spears. The stresses of her life caused a well-publicized mental breakdown. Her estranged father filed for conservatorship, and in 2008, he was granted control of her assets, estate, finances and career. After years of legal filings, in 2021, she provided proof of her mental stability and her father’s conservatorship was dismissed. Conservatorship can be challenged and a conservator can resign.
The legal system regarding conservatorship is complex. Call attorney AmySue Taylor to get answers to your questions so you can make smart decisions. Your consultation is free.
I just remarried. Should my spouse and I use the same estate attorney?
Statistically, divorce rates in America are dropping from their peak in the 1980’s. In fact, nearly 70% of the couples married in the 1990's are...
5 Mistakes to Avoid When Choosing a Guardian for Your Children
Is your Last Will and Testament written? How about your wishes for your children? It may not be something you think about often, but it definitely...
Probate can be a nightmare, here’s how to avoid it.
What is Probate? Probate is the legal process of administering a deceased person’s estate. If you have a will, probate will involve proving that...