Throughout different times in an individual’s life, they may require the assistance of another person to oversee their well-being. This type of care can come in many forms, from caring for them personally, physically or financially. An incapacitated person in need is called a ward, and they may be a minor child, an adult with a physical or mental impairment or an elderly person who lacks the necessary wherewithal to care for themself. If a person should need assistance managing their finances because they are no longer adequately able, the court may feel it is in the best interest to assign them a guardian. A conservator, on the other hand, is a person who oversees another person’s finances and they handle the majority of duties and responsibilities pertaining to the ward’s financial matters.
Legal Appointment of a Conservator
In order for a person to have any legal rights to oversee or manage another’s finances, they must receive an appointment from the court. This can be achieved by filing a petition with the court stating the reasons a conservatorship is being requested or is necessary. If the proposed ward is an adult, the court will need to see evidence as to their incapacity, usually in the form of a physician’s declaration as to their physical or mental state. If the proposed ward is a child, the process may be less intricate, however there could be other family members or guardians involved that do not consent or other circumstances that may create conflict.
Roles of a Conservator
Depending on the individual’s needs and the details of their situation, the role and duties of a conservator may vary. Regardless of the age or circumstances, a conservator’s role is to oversee the financial welfare of the ward in the most responsible and reasonable capacity. If the ward is a child, there may be minimal necessary oversight until the child reaches a certain age. However, if the ward is an adult or an elderly person, there may be bills to pay, assets to manage, property to maintain or sell, and an estate to oversee. If the individual has an intricate estate or finances, or is a child with a large inheritance, the court may assign a trust company or bank to act as the ward’s conservator.
Contact a Kansas Conservatorship Attorney You Can Trust With Your Important Financial Matters
If you or a loved one is in need of a conservatorship, and you want to ensure the best possible financial care, our law firm is here to help. Our experienced team understands the importance of ensuring valuable and hard-earned assets are in safe and trusted hands, and we will work hard to secure that comfort. Contact Tom McDowell, a knowledgeable Kansas Conservatorship Lawyer, with your questions regarding financial protection. Call McDowell Chartered Legal Services today at (316) 269-0746 to see how we will assist you with beginning the process of establishing a successful conservatorship.
