If you watch entertainment news segments, you may hear about how some of the rich and famous are involved in conservatorship battles. The world bore-witnessed to a troubled Brittany Spears’ psychotic breakdown. Her parents filed for a conservatorship, to prevent their daughter from losing her fortune and to make sure she received the medical care she needed. Earlier this year, Amanda Bynes was featured all over tabloid headlines for the vulgar things she said or wrote on social media. Her parents sought and were granted conservatorship rights over their daughter. Most recently, you may have heard of the conservatorship battle over Casey Kasem, between his children and wife of 30 years.
A conservatorship is not only for the rich and famous. A conservatorship is most often necessary for parents to continue to care for their special needs child or to protect seniors from predators who will steal their money.
The most emotionally difficult, but ultimately rewarding, job for an attorney is setting up a conservatorship. Generally speaking a conservatorship is granted when the conservatee can no longer take care of their self. So while the case begins sad and immediate, it is ultimately rewarding because the person who needs attention, receives proper care.
Q & A
Q: Who can file?
A: Spouses, relatives, agents of the state, friends, or the conservatee.
Q: Can the conservatee request the conservator?
A: Yes. The court will usually grant the requested conservatee unless they find they are unfit.
Q: Who can I expect the court to appoint if the conservator doesn’t request anyone?
A: The order of appointment is- Spouse/Partner, adult child, parent, sibling, or a fiduciary.
Q: Are there multiple conservatees?
A: Yes, the court prefers to appoint two: conservator of the person and a conservator of the estate.
Q: What are the conservator of the persons’ responsibilities?
A: Overall they take care of the person, i.e.: clothes, food, housing, health care, transportation, etc. You maintain their overall well-being.
Q: What are the conservator of the estates’ responsibilities?
A: To take care of all financial matters, i.e.: manage finances, take control of assets and income, pay bills, etc.
Q: Can you be both?
A: Yes, but you will have to petition for both.
In most cases a conservatorship is a long and draining battle. Thankfully, attorney’s take care of the “sticky” situations to ensure you or your loved one is taken care of properly. Generally speaking, conservatorships are very beneficial and lead to a better life. Brittany and Amanda seem to have emerged happier and their lives have regained stability. My daughters tell me that Brittany is an amazing performer in Las Vegas!
Contact Jordan Law Offices today if you or someone you know could benefit from a Conservatorship.