If you have a loved one you know is no longer able to physically or mentally care for himself or herself, it may be time to consider Guardianship or Conservatorship. Conservatorship specifically provides property protection for an adult who is no longer able to manage their finances responsibly. The court will appoint a Conservator to act on their behalf and make fiscally sound decisions for them in order to oversee their assets. This includes paying their bills, securing and managing their accounts and assuring any investments are properly overseen.
Types of Conservatorship
There are a variety of types of Conservatorship that provide for different types of needs. If a person does not need a Conservator immediately but most likely will in the near future, you can secure that position by establishing a Standby Conservator. If the adult may only need a Conservator for a limited period of time, Temporary Conservatorship may be most appropriate. Also, if you would like to ensure the adult has a Conservator to take over the position in case anything should happen to the current Conservator, then a Successor Conservatorship should be established. More than one adult may also file to establish Co-Conservatorship, which would allow both adults to have joint and mutual decision-making ability on the behalf of the incapacitated person.
General Duties and Responsibilities of a Conservator
Although a Conservator is given many rights, they are also required to perform a variety of duties. The court’s ultimate goal is to afford protection and care in the best interest of the incapacitated person, and all rights and duties are centered on achieving that goal. Generally the Conservator must make him or herself aware of the needs and desires of the incapacitated person and diligently serve their financial wishes. They must also strive to ensure their rights and interests are protected in a variety of capacities. A Conservator is also under the observation and control of the court in many facets in order to ensure they are fulfilling their duties and the person is being properly taken care of. This is usually done by way of filing annual accountings and reports with the court system.
How to Establish Conservatorship
Most counties in Kansas require that conservatorship be established in the county where the incapacitated adult lives. However there may be extenuating circumstances or nuances that would allow for a different venue. It is important to discuss the intricacies of establishing a conservatorship with an experienced attorney who has knowledge of this specific field to be sure filing is done properly. The court will assess the priority of who should be appointed as conservator and consider many factors regarding that person’s abilities. They will also consider any and all other possible options to protect the incapacitated person without limiting their rights and freedoms. Conservatorship affords certain powers and rights to the Conservator which are ultimately taken away from the incapacitated person, so the court is very cautious when establishing Conservatorship and restricting one’s rights.
If you know someone that needs protection and assistance managing their finances because they are no longer able to, it may be time to consider Conservatorship. Establishing a Conservatorship can be a confusing and daunting task without the help of an experienced Kansas Family Lawyer. Our firm knows that putting financial care into the hands of someone you trust is incredibly important and we can help ensure that happens. Call Attorney Kenneth McDowell of McDowell Chartered Legal Services today at (316) 269-0746 to see how we can successfully assist you with your Conservatorship matter.
