If you want to find common ground with nearly anyone, consider that we all want to take care of our families as best we can. And as our parents and family members age, it can get to the point that they are no longer capable of taking care of all their responsibilities. That’s where a conservatorship can come in.
Conservatorship means that a conservator is legally responsible for the affairs or estates of parties who are limited due to physical or mental limitations or old age.
For example, if an older relative’s mental capacity has started to diminish, but there’s not already a power of attorney in place, a trusted family member can seek an appointment from a judge to serve as a conservator.
To become a conservator means different things in different circumstances. You can take care of appointing your own conservator in advance of that need, and we have devised a way whereby you can safely do so with some confidence that your preferences can be fulfilled at the appropriate time and avoiding some legal entanglements.
To become a conservator also might mean filing a District Court petition for a hearing about the person’s mental capacity. All interested parties, such as family members and business partners, will be notified about the hearings.
Once appointed by the court, a conservator has the duty to make the financial decisions and manage the incapacitated person’s finances.
Like much of estate planning and family law, a conservatorship can be an overwhelming and emotional process for families to go through. Working with an experienced family law attorney, like ours at Terrazas Henkel, P.C., can help ease the process, providing the framework and guidance your family needs to make the best decisions it can.
Call us at 406-541-2550 to set up an appointment with our team of professionals.