When a court determines that an individual no longer has the capacity to make sound financial decisions on their own, it may appoint a third party as a conservator. Conservatorships are commonly used for adults who are incapacitated but are also viable for children in some cases. In either situation, a dedicated attorney can assist you throughout the conservatorship process.
While conservatorship petitions can lead to conflict, this process is often facilitated by agreement from all interested parties about their loved one’s need for a conservator. An uncontested conservatorship could avoid harmful conflict, but navigating the system on your own is difficult nonetheless. You can benefit from the guidance of a Buckhead uncontested conservatorship lawyer throughout this process.
When the family members of a disabled or otherwise incapacitated individual all agree that their loved one needs a conservator as well as on the identity thereof, the conservatorship would be considered uncontested. Not every conservatorship will proceed without objection, however.
When an interested party—typically a relative—objects to some aspect of the petition, the courts must address and resolve the dispute. A Buckhead lawyer can help resolve these disputes and move forward with an uncontested conservatorship with as few disruptions as possible.
The disputes surrounding a conservatorship can vary. Not all interested parties will necessarily agree on whether a conservatorship is even necessary. If one of these interested parties believes the proposed ward is better off without a formal conservatorship, they could object to the petition.
It is also not uncommon for objections to arise based on the selection of the conservator. Even when all family members agree a conservatorship is necessary, there could be a conflict over who is best suited to serve in that role. Once again, the court has the power to settle these conflicts.
Regardless of whether there is consensus among interested parties on whether a conservatorship is necessary, conservators have important, court-appointed responsibilities. A major aspect of the conservator’s role is collecting and disbursing annual income. Many wards have income despite their condition, whether it is from investments or government benefits. It is the responsibility of the conservator to determine how these funds are distributed.
Conservators in Buckhead have other duties outside of disbursing income and may hire attorneys to represent the ward or enter into contracts on their behalf when necessary. A conservator could also make certain investments on behalf of their ward. When performing any of these duties, a conservator has a fiduciary duty to act in their ward’s best interests.
Typically, a conservatorship is set up for incapacitated adults who require help with managing their assets. Most minor children lack the financial assets necessary to make a conservatorship worthwhile. However, there are times when a minor ward requires a conservator.
Common situations where a minor conservatorship may be necessary include:
The decision to seek a conservatorship for your loved one is never easy. When you seek out guidance from an experienced attorney, you could increase your chances of securing the conservatorship without conflict.
Let a Buckhead uncontested conservatorship lawyer help you navigate the complexities of probate court. Call for a private consultation today.