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Kansas Conservatorship Lawyer Discusses the Legal Rights and Responsibilities of a Conservator

Kansas Conservatorship Lawyer Discusses the Legal Rights and Responsibilities of a Conservator
May 1, 2016 LS_admin

Being appointed as a conservator holds many responsibilities and affords a variety of legal rights. The process of naming a conservator who you wish to oversee your or a loved one’s financial well-being is not a decision that should be taken lightly or impulsively decided.  Trust and loyalty are incredibly important considering this individual will have the ability to make weighted decisions regarding your assets, property and finances. Although this individual is under the scrutiny and control of the court, they have a significant amount of discretion and autonomy. Before naming a conservator, you wish to be appointed first understand the duties and responsibilities they will be given.

The conservator’s primary role is to be aware and development an understanding of the conservatee’s needs. Whether the conservator is taking over the role of a previous conservatee or has been newly appointed, the wishes of the conservatee should be made apparent. Although the conservatee has a wide breadth of discretion, they are also required to consult with and encourage the conservatee’s input in decision-making. This includes acting on their behalf and of their own volition whenever possible.

A conservatee must also file necessary inventories and accountings to the court whenever required. An initial inventory and of the conservatee’s assets and property is required at the outset of an established conservatorship. According to the applicable state and county, the statute will state the requirement of ongoing accounting filings in order to monitor the decisions and management of the conservator on behalf of the conservatee. The conservator is also given the responsibility of owning and managing any business the conservatee may have. There are a variety of abilities a conservator may be afforded regarding the sale, conveyance, mortgage, or leasing of real property, however, most require the additional approval of the court prior to acting.

As a matter of tactical obligations and responsibilities and according to K.S.A. 59-3078, a conservator is tasked with paying all of the reasonable support, maintenance, and care expenses in order to maintain the conservatee’s station in life. They are required to manage and pay any lawful debts owed by the conservatee.  Kansas law also states that the  conservator must “possess and manage all the assets of the estate and collect all debts and assert all claims in favor of the conservatee, and, with the approval of the court, compromise the same.”

Contact an Experienced Kansas Conservatorship Attorney Today

Kansas Attorney Tom McDowell has decades of experience helping families care for their loved ones in need. He and his legal team look forward to answering your questions and successfully helping you to establish a conservatorship. Call Kansas Conservatorship Lawyer Tom McDowell, at McDowell Chartered Legal Services today (316) 633-4322 to see how he can help you appoint a conservator best suited for your loved one’s needs.

 

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