Maryland and Washington DC Estate Planning Attorney Michelle Lanchester Can Help

picture of guardianship agreementWhen an adult becomes incapacitated to the point that he or she can no longer make decisions regarding financial and property matters, finding someone to care for that person is important. Some adults have already prepared for this situation by creating a financial power of attorney appointing a person to take care of such significant decisions. However, what can a disabled adult’s loved ones do if no such legal document exists? The answer may be a conservatorship. Maryland and Washington DC estate planning lawyer Michelle Lanchester can help you establish a conservatorship and maintain appropriate and timely communications with the court under the law.

When Conservatorship May Be Appropriate

A conservatorship for an adult is similar to a guardianship. A conservator can make financial, property and investment decisions for an incapacitated adult. If a person does not have a financial power of attorney designating someone to take care of these types of decisions in the event of incapacity, the adult’s family or any interested person may petition the Court for a conservatorship.

Establishing a Conservatorship

To establish a conservatorship in the Washington DC Metro area, the person wishing to be the conservator must file a petition with the court explaining his or her relationship to the incapacitated person and an explanation regarding why he or she should have priority to be appointed over another. If you file a petition for appointment as a conservator, you must also provide proof acceptable to the Court, from a medical or mental health professional that the person is incapacitated and that a conservatorship is necessary. The Court will conduct a hearing. If the Court decides that the person is incapacitated and orders that a Conservator be appointed, the incapacitated person will be known as the “ward”.

The Responsibilities of a Conservator

A conservator is responsible for managing the finances and property of the ward. The conservator must take control of all of the ward’s assets, monitor investments, pay bills and taxes. The conservator must provide the court an inventory of the ward’s assets and file an annual accounting.

Establishing and maintaining a conservatorship is a huge responsibility. Finding an experienced, knowledgeable attorney to help you through the process is critical to ensuring that your loved one receives the proper care.

Contact Maryland and Washington DC Estate Planning Lawyer Michelle Lanchester to Discuss a Conservatorship

Washington DC and Maryland estate planning attorney Michelle Lanchester has decades of experience helping Washington DC Metro families prepare and plan for the future. If you have a loved one in need of a conservator, contact Attorney Lanchester right away to discuss your options.

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