Jonesboro, AR – JonesboroRightNow.com – Conservatorship is a legal arrangement that has been around for some time. Rees Law has over 30 years of experience in family law and has provided a comprehensive guide to conservatorship.
But conservatorship gained greater attention among the general public when instances of this unique legal arrangement involving some high-profile celebrities started to make headlines. Both pop star Britney Spears and actress Amanda Bynes have been under conservatorships, sparking much public debate over their effectiveness.
According to Investopedia, an investing, banking, and personal finance site, conservatorship is a legal status in which a court appoints a person to manage the personal and financial affairs of a minor or incapacitated person. The conservator may also serve as a guardian, helping the individual manage physical needs and daily living.
While age may be a factor in considering a conservatorship, in both Spears’s and Bynes’s cases, concerns about mental capacity and decision-making led to conservatorships being issued to both women’s parents. Here’s a deep look at conservatorships and how legal professionals help navigate them.
Job of a Conservator
MetLife says conservators are court-appointed individuals who manage another person’s financial and personal affairs. Conservators may manage housing, education, health care, transportation, food, housekeeping, and other needs for an “incapacitated individual.” The term “guardian of the estate” also may be used to describe a conservator.
Differences Between a Guardian and a Conservator
While a guardian may also be court-appointed, this person manages healthcare and other non-monetary decisions for a person who cannot make these decisions due to a disability, illness, or injury. The legal resource LawHelp reports that a conservator primarily oversees a person’s finances.
Who May Need a Conservator?
There are instances in which a guardian or conservator may be legally warranted. Someone who is in a coma, mentally challenged, suffered a brain injury, has Alzheimer’s or another form of dementia, or is under psychiatric care for certain illnesses may be appointed a guardian or conservator. While these two individuals may be different, one person can serve as both guardian and conservator if the court sees fit.
Hiring a Lawyer
Becoming a conservator or ending a conservatorship is a multi-step process that can be emotional. It can take just one error to deny a conservatorship, and then the process will have to start over. Therefore, hiring an attorney to guide the process is beneficial.
When a durable power of attorney is not possible, a conservatorship can protect the interests and assets of incapacitated people.
The right representation can make all the difference in a legal situation. Reach out to Rees Law Firm today to answer challenging questions and overcome legal hurdles.