Conservatorships

Charlotte Area Lawyers Represent Clients in Conservatorship Proceedings

NC law firm guides clients through complexities of the conservatorship process

A conservator may be appointed by a court to oversee the financial affairs of a minor child or an adult who is incompetent or incapacitated. Conservators are not personal guardians and have no power over the person whose money and property they are charged with managing. The personal guardian directs the day-to-day affairs, including medical treatment and care. The conservator manages the money and property.

The attorneys at John F. Hanzel, P.A. are experienced at handling all legal issues related to conservators and conservatorships.

Courts often, but not always, appoint a relative or loved one as personal guardian (with responsibility for financial matters, as well). But because personal guardians may not be well-versed in managing money on behalf of another, the court can appoint a conservator to handle these issues. The conservator is often someone with a financial background who, by training and profession, is experienced at handling these issues. This usually means that the conservator is not personally connected by family relation to the individual who is the subject of the conservatorship.

A conservator normally has the right and power to invest and distribute funds on behalf of the individual who is the subject of the conservatorship. The conservator uses such funds for the person’s benefit, including support, care and, if needed, education.

How does a conservator get appointed?

The process by which a conservator is appointed is similar to the process used for appointment of a guardian. Court filings, proceedings and court approval are necessary. Because of the legal requirements necessary to obtain a conservatorship, it is vital to have an experienced conservatorship attorney on your side.

If a conservator is appointed for someone who already has a power of attorney that names someone to handle their finances, the attorney-in-fact becomes accountable to the conservator. The conservator has the same power to revoke or amend the power of attorney as the person who executed it.

If a durable power of attorney specifies the individual to be named as guardian or conservator, the court appoints such person except for good cause or disqualification.

Can you contest a conservatorship?

If family members disagree as to whether a relative needs to have a conservator appointed, the conservatorship proceeding can be contested. The court hears testimony and examines all evidence, including medical and financial records, to determine if it is in the person’s best interest to take away his or her rights to make personal decisions.

Courts also supervise conservators. You may contest a conservatorship with the court and seek to have the conservator removed or a new conservator appointed.

Contact an experienced conservatorship attorney for all your needs

For help navigating the legal issues related to conservators and conservatorships, contact John F. Hanzel, P.A. at 704-892-1375 or online today. Saturday appointments are available. Se habla español.