My Close Relative Is Losing It And Doing Bizarre Things. What Can I Do?
If a person has truly lost mental competence, and is unable to exercise rational control over his or her property, the courts may appoint a conservator in a conservatorship proceeding.
Just because someone is acting a bit eccentric is not likely to be sufficient to justify the appointment of a conservator. The courts are likely to respect a person`s wishes to control his or her own affairs unless convinced that the person really needs to be protected against him or herself.
A very careful determination of mental capacity must be made, and this typically involves at least one physician, often a psychiatrist, and a lawyer familiar with elder law matters.
Other Guardianship FAQs
-
Are Conservators Paid?
Typically a conservatorship allows the conservator to be paid for his or her services. The conservator is also entitled to attorney fees to seek legal advice. In … more -
What Is Conservatorship?
If you suffer from an incurable disease or are involved in a debilitating accident and are unable to manage your own affairs, state law might require someone to go to … more -
How Long Does Conservatorship Last?
Jurisdiction of the court in a conservatorship continues while the incapacity exists but ends at death. The conservator has to make periodic reports to the court and … more -
What Are Some Of The Various Types Of Guardians?
There are different types of guardians. Testamentary guardians are guardians appointed by a person`s deed or will to be a guardian over a minor or disabled person. … more
Elder Law Sub-categories
|
Elder Law Attorney
Medicaid |
Nursing Home Abuse
Wills and Trusts |
