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It is important to note that conservatorship is for people with mental disabilities, physical disabilities or extreme irresponsibility alone is not grounds.

In order for the court to approve a conservatorship of the person it must be established that the proposed conservatee (the person in need of care) lacks the mental capacity to take care of his or her most basic and critical needs, such as food, clothing, housing and healthcare. This inability must be pervasive, meaning that the proposed conservatee's mental capacity consistently prevents him or her from performing these daily tasks.

In order for the court to approve a conservatorship of the estate it must be established that the proposed conservatee (the person is in need of care) lacks the mental capacity to manage or protect his or her financial affairs. Thus a conservatorship over the estate is necessary if the proposed conservatee lacks the mental capacity to manage the day to day financial affairs of life, like paying bills or depositing checks. A conservatorship of the estate may also be necessary if the proposed conservator is unable to avoid the undue influence of family members, neighbors, friends, or strangers.

It must also be established that there is no other viable option to care for the disabled person. If there is an alternative to a conservatorship that will provide sufficient protection and that alternative is less intrusive into the affairs of the disabled person, the court will not approve a conservatorship.

Please do not hesitate to contact The Law Office of Jeff Marvan for a free consultation.



     
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