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December 9, 2020 by Brooklyn Injury Lawyer

Legal Advice on Conservatorship For Adults

What happens to a person after they get into some type of accident or if they get a traumatic brain injury? How do they continue to make difficult financial decisions or decisions relating to estate planning and wills? Unfortunately, after a traumatic brain injury or other severe injuries, many are left incapacitated to the point where they are unable to make these decisions, and it is not something a sibling or parent can always step in to help with. When this happens, a court appoints a conservator for the job.

If your loved one was recently incapacitated and you are unsure of the next steps for retaining a conservator, contacting a conservatorships lawyer from a law firm like Yee Law Group, PC could be the assistance you need to help walk you through the process of retaining a conservator, what they do, and general information on them.

What Type Of Conservator Do I Need?

Depending on the type of damage your loved one sustained, or the degree to which the accident incapacitated you, a conservator can come in two types:

  • Conservator of the Estate. This person will oversee financial decisions.
  • Conservator of the Person. This person will oversee personal decisions and medical decisions.

Benefits of a Conservator

When your loved one can no longer make decisions, having a conservator can be extremely beneficial. While it may seem like an intrusion of privacy to have someone look through detailed records of your loved one’s financial state, a court appoints conservators who have undergone a screening process to ensure they do not mismanage your loved one’s property. Additionally, before a conservator can make any large changes, a court will typically require them to get approval. This could include taking the loved one off life support or buying and selling real estate property.

Drawbacks of a Conservator

While conservators can offer many benefits to your loved one after an accident or illness incapacitates them, they can require time from family members and can become very expensive. A conservator will usually be paid out of the conservatee’s assets. And, unfortunately, while safeguards are in place and conservators have undergone a lengthy background check, mismanagement of a conservatee’s assets can still happen.

When Does a Conservatorship End?

There are multiple ways that a conservatorship ends. This typically happens when:

  • The conservatee does not need this extreme level of care and assistance anymore.
  • The conservatee passes away.
  • The conservatee’s financial assets are completely used up and the conservator is no longer needed.
  • The family or the conservatee is unhappy with a person in the role of the conservator and goes to court to terminate that relationship.

Further Legal Assistance

Having the right conservator for your loved one is important, and if you are unhappy with the one your loved one has, or if you are in the process of getting one, you may have many legal questions. That is why it is important to discuss your family’s options with a lawyer today.

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