A conservatorship can give you the ability to advocate for your loved one when they are incapacitated by injury or illness. In some cases, a conservatorship is also necessary for minor children, as well. In either case, a diligent attorney can help ensure your loved one has the guidance and oversight they need to lead the best life possible.
If you are considering conservatorship for a loved one, you do not have to undertake this important legal task on your own. The assistance of a skilled Alpharetta uncontested conservatorship lawyer could alleviate much of the stress and uncertainty often associated with the process.
The legal statuses of conservatorship and guardianship are often associated together. This is understandable, given that both options involve a third-party making decisions on someone else’s behalf. However, there are some important differences that an Alpharetta uncontested conservatorship attorney can explain.
Conservatorships give you the power to impact a ward’s property. This includes gathering, collecting, or even selling assets when it is in the best interest of the ward. This duty differs from guardianship, which is about the personal life decisions that impact the ward. For example, a guardian is tasked with making necessary medical decisions related to a ward’s health.
Something that guardians and conservators have in common, however, is that their appointment is often uncontested. This means that the people close to the proposed ward agree that conservatorship is necessary and on the right party to serve in that role.
These powers and duties of a conservator are numerous, so the guidance of an Alpharetta uncontested conservatorship attorney may be necessary to clear up any confusion or ambiguity.
A conservator’s powers relate to the ward’s financial interests. For example, one of the central roles of a conservator is to address any income the ward earns – usually passive income from investments.
In addition to distributing earnings, the conservator also has the power to resolve claims and debts, hire an attorney to represent the ward when necessary, and make investments on behalf of the ward.
Every conservator also has obligations they must abide by and fulfill according to state law. Specifically, a conservator must act as the ward’s fiduciary, meaning they are bound to act in that person’s best interests instead of their own.
This often involves avoiding even the appearance of a conflict of interest. When conflicts arise, a conservator has a duty to notify the court. It is the court’s decision whether to waive the conflict or replace the conservator. Ultimately, the duties of a conservator require that they use the ward’s resources to support them and for no other purpose.
If you are considering petitioning the court for conservatorship of a loved one, you have the right to speak to an attorney about your options. There are a lot of misconceptions about conservatorships, so making these decisions on your own could lead to otherwise avoidable challenges and obstacles.
Let an experienced and well-versed Alpharetta uncontested conservatorship lawyer advise you on your next steps. Get in touch with our intake professionals today to arrange a private consultation with a member of our diligent legal.