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How do you get conservatorship?

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Quick Answer

A court must find an individual to be unable to make decisions about significant areas of life prior to appointing a conservator, according to Aging Care. Family members may request that a certain individual serve as a conservator, or the court may appoint another suitable individual, advises Nolo. Courts give preference to close family members, such as spouses, children and siblings.

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Full Answer

Conservators of an estate are appointed to manage financial affairs, and conservators of a person manage personal and medical affairs, explains Nolo. Courts may appoint one type of conservator or both.

Conservators may be responsible for making medical and end-of-life decisions, releasing confidential information and making investment decisions, advises Aging Care. Courts frequently appoint conservators when a person suffers from Alzheimer's disease or slips into a coma. The roles may be filled by one individual or several.

The process to be appointed a conservator is time consuming, expensive and often emotional, warns Aging Care. Family members often disagree about the necessity of a conservator. The incapacitated adult may also fight to block the appointment of a conservator, advises Nolo.

Conservators expend significant time and money in fulfilling their duties, notes Nolo. Conservators must complete extensive paperwork, attend hearings and retain attorneys on an ongoing basis.

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