Resolving Contentious Financial Issues
Similar to a guardianship in some ways, a conservatorship is a court-managed process by which the court seeks to protect an individual’s assets by “conserving” them. Also called a court-ordered conservatorship or a probate conservatorship, these legal structures are usually created when an elderly or disabled person becomes incapacitated or incompetent to make financial decisions, especially if there is a concern that others may take (or already be taking) advantage of them that require dispute resolution. Courts may also order a conservatorship if a person is so incapacitated they can’t provide for their own food, shelter and other basic needs.
In any of these scenarios, all decision-making rights for the person (the ward) are ceded to the court-designated conservator, including the right to make any and all financial decisions. Because this is an extreme circumstance and sometimes involves large sums of money, disputes are not unusual.
Conservator activities that may result in a dispute (or a challenge of the choice of conservator) include:
- The conservator is preventing a vulnerable person from marrying, contracting with, or conveying property to someone else without the approval of the conservator (and in some situations, the court).
- The conservator has obtained medical information and is making decisions with health care providers that are not agreeable to the family.
- The conservator is choosing the location where the ward will reside, such as a nursing home or assisted living home, potentially incurring expenses that will impact the individual’s estate.
Conservatorship comes with even more responsibility and time commitment than guardianship. For this reason, Turner Law and its attorneys provide extensive assistance to help the conservator negotiate or overcome disputes while meeting reporting, fiduciary and legal requirements and protecting the best interests of their ward.
Contact Us for a Free Initial Phone Consultation
Robert Turner is a seasoned attorney with dispute resolution of estate and elder law matters. To explore your rights in negotiating a dispute resolution, call Decatur, Georgia based Turner Law, LLC at phone number(404) 377-6941 or fill out the contact form on this web site.