If the need for conservatorship is anticipated, our credible Kennewick conservatorship attorney could help ensure prospective conservators understand the duties and responsibilities involved in fulfilling the role. Sometimes, our loved ones require assistance and oversight in their financial or personal matters. When no suitably protective alternatives exist, the appointment of a conservator may be necessary.
At McBurney Law, we can help you sort through your options to ensure your loved one receives the appropriate care. Contact our law office now and schedule an initial consultation to learn more about how our top-ranking Washington State estate planning attorney could assist with your needs.
Why Do I Need a Conservatorship Attorney in Washington?
In the United States, a conservatorship is granted when the individual in question can no longer make decisions on their own behalf. Conservatorship proceedings are critical in our legal system, especially when an elderly, vulnerable adult, or person with a developmental disability requires protection. However, they should be used with caution and only when necessary.
To learn more about conservatorships and whether it is the best option for your family member or loved one, it is crucial to seek legal advice from our qualified Kennewick conservatorship lawyer at McBurney Law. Our estate planning law firm can help you:
- Provide for the care of incapacitated adults or minor children through conservatorship or guardianship
- Establish or oppose a conservatorship to preserve your family’s well-being
- Deal with the multitude of legal issues relating to incapacitated elderly adults and parents of minor children
- Know and understand probate law and estate planning law in Washington State.
- Resolve legal matters concerning bankruptcy, probate, family law, and criminal defense law
Our estate planning law firm could assist with any conservatorship and guardianship issues that could arise. We assist clients all over Northern and Eastern Washington. Call us now and schedule an initial consultation with our trusted Washington estate planning attorney.
What is Conservatorship?
A conservatorship is a form of legal guardianship of an adult. Under this structure, you, the conservator, have legal authority over certain aspects of the conservatee’s life. In most cases, conservatorship is granted when the person in question is not able to take care of their own basic needs. Each case has to be assessed by a probate court or family court before this duty of care can be legally appointed. In general, conservatorship and guardianship are different, but the same person can serve in both roles.
If the incapacitated person planned and signed durable powers of attorney for finances and health care, that person won’t need a conservator because the person named in those documents can take charge. Before choosing to create a conservatorship, you should consult a knowledgeable Kennewick conservatorship lawyer about the specific rules and processes in Washington.
What Does a Conservator Do?
A conservator is appointed and supervised by the court, which grants only limited powers over the affairs of the conservatee, who is either mentally or physically unable to handle them. The appointment may be permanent, although, in some states, it is subject to annual review. It is a type of fiduciary duty, which means that every decision the conservator makes on behalf of the conservatee must be in the conservatee’s best interest.
Depending on the powers granted by the laws of the state and the judge in each case, a conservator may manage either financial matters and/or personal matters such as healthcare and living arrangements. Becoming a conservator is a huge responsibility and can be time-consuming.
You must ensure the lifelong protection of another person. You’ll need to give reports about the protected individual to the judge regularly. A skilled Kennewick conservatorship attorney can help you understand the duties and responsibilities of a conservator.
What are the Types of Conservatorships?
There are several different versions of a conservatorship. Each one is used to accomplish a different goal for the parties involved. A competent Kennewick conservatorship attorney can help you figure out which type of conservatorship is necessary for your family’s situation.
Conservatorship of the Estate
A conservator of the estate is appointed to supervise the financial affairs of an adult who is found by the probate court to be incapable of doing so themselves. This may include but is not limited to actions to obtain and manage assets.
The conservator of the estate has the authority to handle the following:
- manage the assets, income, and public assistance benefits (such as Social Security benefits)
- pay or collect debts and estate taxes
- control the estate
- apply the income from the estate for the child support, education, and maintenance of the conservatee
Conservatorship of the Person
A conservator of the person is appointed to supervise the personal affairs of an adult who is found by the court to be unable to meet the essential requirements for personal needs, including food, shelter, clothing, health care, and safety. Conservators of the person should also keep records of the decisions they make on behalf of the conservatee.
Call Our Experienced Conservatorship Attorney in Washington Now!
Problems could be avoided when people prepare a comprehensive estate plan. It’s where you decide ahead of time who will manage your affairs and under what certain circumstances, if you become incapacitated. However, even when there are no plans in place or plans fall through, our seasoned Kennewick conservatorship lawyers at McBurney Law can help you figure out if a conservatorship is right for you.
When an individual is unable to make financial or medical decisions on his or her own, it might be necessary to seek the appointment of a conservator through the court. The conservatorship statute is extremely complex, and we cannot emphasize enough the need for advanced planning and obtaining competent legal advice.
Our estate planning law firm can help potential conservators and guardians provide the court and investigating agency with all required information, and thereby protect the interests of the conservatee. We handle conservatorship to establish or fight against a conservatorship based on the well-being and capabilities of various parties involved in the process.
When the best interest of a loved one is at stake, we understand the importance of skilled legal advocacy to support your position. Schedule an initial consultation now with our qualified Washington estate planning lawyers who can help you understand how guardianship and conservatorship can benefit your particular situation.