With the upcoming and current Baby Boomer era maturing in age also comes the increased need for their care and assistance. In order to encourage the physical care of the elderly generation or those with incapacities, the legal system design guardianships. Whereas for those who require assistance or management of their financial health and stability, conservatorships were created. If you or a loved one may benefit from appointing a trusted conservator to make business or financial decisions on your behalf, it may be time to consider establishing a conservatorship. Review the following common frequently asked questions or continue your discussion with a qualified Kansas Conservatorship attorney such as Tom McDowell.
What is a Conservatorship and when is appointment appropriate?
A conservatorship is designed to protect the best interest of individuals who have been declared incapacitated in some regard. Conservatorships do not care for the physicality or heath of an individual, but rather oversee their financial well-being and business or asset affairs. A conservatorship will be deemed appropriate through a judge’s discretion and strong consideration of relevant testimony and physician and psychological examinations.
How does a Conservator become appointed?
An incapacitated individual or a loved one may submit a petition requesting that the court begin the conservatorship establishment process. A hearing will be held to analyze the details of the matter and to review all relevant facts and testimonies. Ultimately, the court will make its decision whether or not to appoint a conservator based on the best interest of the incapacitated individual, if declared as such.
How long does a conservatorship appointment last?
Depending on the details and subjective factors present in the matter, and the need of the incapacitated person, a conservatorship can last for a specified amount of time or indefinitely. A conservatorship must be terminated through petition and will be granted in any of the following scenarios: upon the death of the incapacitated person, upon restoration of capacity to the incapacitated person, upon Conservator resignation, or removal of the Conservator by the court.
Is a Conservator personally liable for the actions or debts of the Conservatee?
No. The laws in Kansas are designed to regulate and protect the interest of both the Conservator and the Conservatee. A person appointed as Conservator is not legally liable for the debts of the incapacitated person. In order to facilitate this protection, all documents, decisions and signatures made on behalf of the Conservatee should indicate as such.
Contact an Experienced Kansas Conservatorship Attorney Today
Kansas Attorney Tom McDowell has decades of experience answering many family’s questions and has successfully helped them establish conservatorships. Helping to provide for the care and well-being of you and your loved ones who may not be able to care for themselves is our passion and concern. Call Kansas Conservatorship Attorney Tom McDowell, at McDowell Chartered Legal Services today (316) 269-0746 to see how he can help you establish a conservatorship best suited for you and your family’s needs.
