The thought of a parent, child, or other loved one incapable of caring for him or herself or his or her property in a safe manner is unfortunate. However, if the situation arises, McClanahan & Winston, P.C. is here to guide you through the process of creating a conservatorship effectively and compassionately.
What Is a Conservatorship?
A conservatorship is the relationship created by a court order which grants an individual the authority to make healthcare or financial decisions on behalf of another person. In other words, a court could order an individual, such as a trusted family member or friend, to control another individual’s financial affairs and property, if the court deems such authority to be in the best interest of the disabled individual.
Likewise, a conservatorship can be created when the individual may be in harm’s way or suffering, but will not or is unable to consent to medical treatment or relocation, and does not have a power of attorney designating someone to act on his/her behalf in the event of disability. This can often be beneficial to assist many individuals, such as:
A developmentally disabled child or adult
An individual with a physical or mental handicap
An individual suffering from Alzheimer’s disease or another illness affecting competency
An individual with a serious alcohol or drug addiction
Petition For A Conservatorship
To create a valid conservatorship, one must petition the probate court for the conservatorship. The court may require a guardian ad litem visit and evaluate the individual and situation to verify a conservatorship for the person or property is necessary. Attorney Matthew McClanahan has served as a guardian ad litem for the courts and understands when a conservatorship is appropriate, and what elements must be present for the conservatorship to be approved.
Understanding And Experience
We understand the importance of having a conservatorship in certain situations. It can be useful to take an individual to the doctor, sell his or her house, place the individual in a nursing home, or tend to other personal or financial needs. Allow our attorneys to put their experience to work for you in helping your family.