When an individual is unable to care for themselves due to mental incapacity or severe disability, a conservatorship is established through the courts. An adult caretaker is appointed to care for an individual and/or his estate.
To manage the affairs of the individual, the conservator helps with housing, medical treatment, food, clothing, and other personal care. When a conservator manages the individual’s estate, they control the finances, including the assets and income, paying expenses, creating budgets, and handling investments.
If you need legal assistance putting into place a conservatorship for a family member or are involved in a dispute or other legal matter in connection with a conservatorship, it is highly recommended that you discuss the matter to get legal guidance from a dedicated attorney at our firm.
Our concentration in the legal field of estates and probate makes us highly experienced in handling matters related to conservatorships.
What is the difference between limited and general conservatorships?
A general conservatorship is most often used in the case of an elderly person whose mental or physical capacity has been severely compromised due to aging or, in the case of a younger person, who has been seriously impaired due to an accident.
A limited conservatorship is generally set up for those who have developmental disabilities, such as individuals with autism, epilepsy, cerebral palsy, or mental retardation, that began before their 18th birthday.
These types of individuals need the care and supervision of an adult but of a lesser degree than those who require a general conservatorship. A limited conservatorship allows for the maximum amount of self-reliance possible for the individual while still maintaining a level of care.
Often parents of an individual needing this type of conservatorship will appoint such a person in their wills. A conservatorship attorney at our firm can advise you on the type of conservatorship, whether general or limited, and can ensure that it is properly established through the courts.
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Contact an attorney at Bercik Law for experienced legal assistance with a conservatorship matter today.
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