The legal instrument of conservatorship was thrown into the spotlight several years ago when the father of pop star and mega celebrity Britney Spears was granted a conservatorship over his famous daughter. James Spears was granted control over his daughter’s personal and financial affairs following months of erratic behavior that seemed to culminate in the starlet shaving her head and being placed under a mental hold in the hospital on at least two occasions. The conservatorship has remained in place even years after these shocking events. In fact, in 2012, Ms. Spears’s fiancé was officially added as a co-conservator, joining her father in helping to manage her personal affairs. The conservatorship is reported to have been continued due to the star’s mental instability, but it may end in the year 2016.
The story of Britney Spears illustrates one sort of conservatorship – that of a parent over an adult child due to temporary mental instability that resulted in the child being unable to care for her person and finances. Keep in mind however, that in Kansas, there is an array of other circumstances in which a conservatorship may be necessary:
- Minor children—when a minor child receives monies in excess of $10,000, whether it be from an inheritance or payments from an annuity, the parent may seek a conservatorship so that he or she has the legal authority to ensure the funds are invested properly, and used and accounted for in a proper manner.
- Disabled adult children—when an individual turns the age of 18, he or she is legally considered an adult, and hence fully capable of his or her own finances and personal affairs. For disabled adult children, however, making reasoned economic or living arrangement decisions can prove impossible. The parents of adult disabled children can file a petition of conservatorship which would provide them with the ability to manage their disabled adult child’s financial affairs.
- Temporarily disabled adults—sometimes, the adult experiences a temporary disability, be it mental or physical, which renders them incapable of caring for their finances. Severe drug addiction, untreated mental illness, or traumatic brain injury are all circumstances that might give way to a valid petition for conservatorship.
- Elderly adults—the elderly may experience lapses in memory or diminished thinking ability. This can leave them vulnerable to those that would prey on the resources of the elderly. Further, older adults might simply lack the energy to continue to manage their own affairs. A conservatorship can relieve the elderly from the burdens of financial management, and allow adult children to ensure their parents finances are in order.
Though the terms are commonly lumped together, in Kansas, conservatorships are put in place to protect the financial estate of the individual placed under conservatorship, known as the protectee. It is a guardianship that concerns the management of the ward’s personal decisions. The conservator and guardian can be the same person.
Conservatorships can only be awarded by the appropriate court. An individual interested in becoming a conservator in Kansas must contact an attorney and file a petition for appointment of conservatorship in the court in the county of the potential protectee’s residence. Proceedings will then initiate to determine whether the proposed protectee is incapacitated.
A conservatorship is a serious legal tool that should only be pursued when clearly necessary. However, in the appropriate scenario, it can be used to greatly protect a relative that is not capable of properly managing their own financial affairs. A conservatorship can save the relative from much heartbreak over squandered funds and ruined credit.
If you or a loved one is interested in pursuing a conservatorship, the compassionate attorneys at McDowell Chartered can help. For decades, the Kansas Conservatorship Attorneys at McDowell Chartered have assisted the family of incapacitated loved ones in obtaining the assistance they so greatly need. Call us today at (316) 269-0746 for an initial consultation.
