Estate planning is an important part of life. This can ensure that your possessions and assets are passed down to loved ones. There are many factors to include when making these plans. Individuals will want make sure everything is accounted for and that they will have individuals who will take care of them during their time of need.
A conservator is an individual who takes on many responsibilities. People may not get to the point where they have planned for an individual to care for them, such as a power of attorney, and make decisions for them when they are unable to. If they are lacking an individual with this kind of role, a loved one can petition to grant them a conservator during their time of need. With this role, an individual that is appointed will have to take control of all the individual’s assets and managing them according to their plans. The conservator may have to control their finances to ensure all taxes and bills are paid in a timely manner. They will be granted with financial power of attorney to handle all of the individual’s assets while they are unable to do so.
How do I acquire this role?
If an individual becomes capacitated or in a state of mind where they cannot make clear decisions, they may need someone to perform responsibilities for them. Sometimes they may not have appointed someone before this happens and they enter a state where they cannot make decisions. If this occurs, the individual who wishes to take on the role of conservator can petition the court to gain this title. In the petition, the conservator should provide an explanation of their relationship to the individual and why they should be chosen as the conservator rather than another individual who petitioned for the role. The petitioner must also provide evidence that shows the individual needs the help of a conservator due to their current state. To prove this, they should acquire a statement from a medical professional that is assisting the incapacitated individual. The doctor should state if a conservatorship is needed at that time. The court will then schedule a hearing to assess the information that has been provided and to make their final decision. The conservator will then assume their role if they are approved.
Stone Crosby, P.C. has proudly served clients in Alabama for over 100 years. Our firm has experience handling matters including divorce and family law, estate planning and administration, business law, employment law, class actions, consumer protection, business law, real estate law, among many others. If you require quality legal representation, contact our firm today to schedule a consultation.