What is a conservator? Who can be placed in a conservatorship? These questions are on many senior’s minds but it may be hard to find the right person to ask.
A conservatorship is a legal relationship in which a Judge make a second person responsible for the Estate or the Person of another. There are a lot of different powers the Judge can grant the conservatorship in a probate court. The conservator may have the legal authority to sign medical consents or contact on behalf of the conservatee. If the conservator ship is granted in mental health court, there are some big differences. A LPS conservatorship must be renewed in court every year or it lapses. A Probate conservatorship is permanent unless revoked in court. The person has to be found to lack capacity to make decisions for himself. Sometimes because of an accident or illness, sometimes because of specific changes from a dementing illness. Someone has to request the court to grant the powers to another person and the person has a lawyer appointed for him called a PVP attorney. Both parties fees can be charges to the estate of the conservatee so it becomes a bit costly. If the person is vulnerable to undue influence or unable to keep their household running, it may be a life saving intervention. The conservator doesn’t get to do whatever he wants with the estate- hecan only use oit to take care of the person, with fees charged that are reviewed by the court. If “dementia powers” are granted, the conservator can give consent for psychiatric medication and may place the person in a higher level of care if needed.
Sunday, August 19, 2007
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