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How are Conservatorships Set Up?

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What is Conservatorship?

A conservatorship is a legal consideration in which a court-appointed person can manage an incapacitated person's financial and personal matters. There are many reasons why people can no longer make critical decisions for themselves, such as a severe illness or age.

Conservatorship is an option for a trusted friend or family member to ensure that their loved one's assets and finances are protected. Here's how the process works.

Setting up a Conservatorship

Someone who wishes to set up a conservatorship for a loved one must file a petition in probate court requesting a conservator appointment. The court will review the petition, and once it is accepted, a hearing will then be scheduled.

An attorney will be appointed for your loved one to ensure his or her wishes are expressed throughout the proceedings. A social worker may also be selected to visit your loved one to assess their mental and emotional status and their ability to make decisions.

What to Expect at the Court Hearing

At the court hearing, the judge will examine the facts to determine a conservatorship appointment and the extent of the conservator's authority. Your loved one may be required to be present at the hearing and the person who filed the petition. Your loved one has the right to contest the petition and present evidence as to why they do not need a conservatorship.

Need Assistance Filing a Conservatorship Petition? We Can Help.

Filing a petition for conservatorship on behalf of your loved one is a complicated process. When it comes to elder law matters, having an experienced attorney on your side can ensure you avoid any mistakes that could hold up your case.

If you are considering conservatorship, we are prepared to help. Our experienced Jacksonville elder law attorneys will guide you through the process and ensure your rights and the rights of your loved ones are protected.

Contact Owenby Law, P.A. today at (904) 770-3141 to schedule a free initial consultation with our team.