We offer the protection of minors, (except the jurisdiction over the care, custody, and control of the persons of minors), and incapacitated persons under the format of Conservatorships and Guardianships. See below for more information, and our Conservatorships Common Questions section.
A conservatorship or other protective proceeding involves the management of financial affairs or property. Conservatorships may be established for incapacitated adults or for minors. In either case, a court must determine that there is money or property (the estate) requiring management or protection which cannot otherwise be provided.
Responsibilities Of A Conservator:
The primary responsibilities of the conservator are to manage and protect the property and to report periodically to the court about the assets, receipts and disbursements of the estate.
All conservatorships are under court supervision. It is the court’s responsibility to make certain that the conservatorship is functioning in the best interest of the protected person. It is the conservator’s responsibility to follow the court’s instructions and to always act in the best interest of the protected person.
Conservatorships are defined as protective proceedings because they involve protection of a person and/or property.
The Legal Process:
- The law specifies where proceedings are to take place. The Venue for conservatorship proceedings is in the county in this State where the person to be protected resides.
- The person to be protected, any person who is interested in his estate, affairs, or welfare, or any person who would be adversely affected by lack of effective management of his property and affairs may petition the court for the appointment of a conservator. The Petition form 540 provides the Court with details about the case, including information about the assets and the reason or basis for the protection.
- An attorney is necessary in representing the alleged incapacitated person.
- If the alleged disability is mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, or chronic use of alcohol, the court will appoint one or more physicians to examine the person and report to the court. (Not Required In Minor Conservatorships)
- The law requires at least 20 days’ notice of the proceeding be given to the person to be protected and his spouse, parents, and adult children, or if none, his nearest adult relatives. This gives interested persons an opportunity to attend the hearing or otherwise be informed of the matter. The court requires proof that the notice was given (Form 120PC).
- The court generally conducts a hearing to receive testimony and make determinations concerning the case. The court may appoint a conservator, dismiss the proceeding, or issue any other appropriate order.
- Filing Fees And Compensation:
- Filing fees are set by law and must be paid to the court. Attorneys, examiners, and others, including the appointed conservator, may be entitled to reasonable compensation for services as determined by the court. ($150.00 Filing Fee)
- The law requires bond in conservatorship proceedings. Bond is like an insurance policy for the protected person conditioned on the conservator carrying out his duties faithfully and appropriately. Bond is based on the amount of the total value of the property.