A conservatorship is a court proceeding in which a judge appoints a responsible person called a conservator to handle the financial affairs of someone who can no longer do so on their own.? We discuss the frequently asked questions regarding conservatorship and the court proceedings.
What if someone does not want to have a conservator appointed to handle their affairs ? do they have a say in this proceeding?
Oregon does not require that a hearing be held on guardianship and conservatorship petitions. A hearing is held if the respondent or protected person, or another interested party, files a written objection with the court within 15 days of receiving notice of the proceeding.
How would I know if someone needs a conservator?
If a person lacks the capacity to handle their finances, it may be time to consider assistance.? But conservatorship should be used as a last resort, as it restricts the protected person?s rights to make their own financial decisions.? Talk with a guardianship or conservatorship attorney to explore options that are less restrictive or to assist you with this legal proceeding should that be the best option.
How do I request a conservatorship for a loved one?
You will need to fill out and file court forms.?If the court approves the conservatorship, you will have to fill out and file forms after the hearing, as well as provide reports on a regular basis. An attorney specializing in conservatorships is helpful to advise and assist in the proceedings.
What is an alternative to conservatorship?
Before conservatorship is considered, you should review options such as financial powers of attorney, trusts, joint bank accounts? or a representative payee for benefits.? The courts prefer to use the least restrictive methods necessary to?protect a person.
To find out the best method for avoiding conservatorship and other aspects of elder law in estate planning, contact an estate planning lawyer to discuss your specific needs.
The Law Offices of Richard B. Schneider, LLC is a member of the American Academy of Estate Planning Attorneys.
Tags: Conservatorship, Elder Law, Incapacity Planning
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Source: http://rbsllc.com/blog/2011/05/faq-conservatorship/
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