Call Us Now
Email Us Now
Making Arrangements to Help You Protect Your Loved Ones
If you have a disabled child about to turn 18 or a family member who struggles to handle their assets due to a health issue, you might wonder how you can help. Depending on the circumstances, you may be able to pursue a conservatorship that puts you in charge of their finances. Of course, this requires you to prove they need help and you’re the most appropriate person to provide it, which skilled Davis County lawyers can assist with.
At Able & Strong Law, Inc., our personal experience of having disabled family members gives us a unique perspective that lets us combine knowledge and compassion as we provide legal services to Davis County, UT residents. If you want to become your loved one’s court-appointed conservator, contact our Utah law firm to discuss your case.
What Is a Conservatorship?
When you become someone’s conservator, you’re put in charge of their financial situation because a judge has determined that they do not have the ability to safeguard their assets on their own. Some examples of reasons that an adult is not considered capable of managing their finances include:
- Mental illness
- Physical illness
- Chronic drug use
- Severe brain injury
- Advanced age
- Coma
- Mental deficiency
- Dementia, Alzheimer’s, Parkinson’s, or other neurological diseases
- Disappearance
- Imprisonment
So, if you have an adult child or other family member whose health condition, age, or lifestyle makes it impossible for them to make sound financial decisions, you may be able to step in as the conservator. You must be prepared to prove to a Davis County, UT judge that your loved one’s assets are in danger if they continue to manage them. If you can prove this in court, your responsibilities could include depositing your loved one’s income into their bank account, paying their bills, and generally organizing and protecting all assets in the estate.
Your responsibilities will depend on what type of arrangement you’re granted. With a limited conservatorship, you’ll be appointed to oversee specific areas of your loved one’s financial situation. This is common for adults who have cerebral palsy, autism, epilepsy, or similar developmental disorders, since they might only need minimal help with finances.
The other option is a general conservatorship, which gives you broader control of the financial situation of an adult who is disabled, elderly, injured, or ill. If they recover and regain the capacity to make responsible financial decisions, they can petition to have control over their estate in the future. Davis County, UT lawyers can help you determine which arrangement to pursue.
What Is the Difference Between a Conservatorship and a Guardianship?
In many cases, someone might seek to become a disabled or elderly loved one’s conservator and guardian, so you might see both terms used often when you discuss estate planning tools with Davis County lawyers. However, these are different roles with unique duties.
Conservators are appointed to manage and safeguard a disabled or incapacitated person’s assets, such as bank accounts, real estate, cars, stocks, bonds, and other property within the estate. By contrast, a guardian can make personal decisions that affect someone’s life. For example, a guardian can decide where their loved one will live, what medical care they get, what educational options they can pursue, and more.
If you think your family member needs a guardian to make decisions for them, you can petition the court for guardianship. However, you should find out if they have estate planning documents that give an agent power of attorney. If so, they won’t need you to pursue guardianship since the power of attorney document provides the agent with the same authority as guardians. If you’re unsure if your loved one needs the help of guardians or conservators, reach out to Davis County, UT lawyers to determine how you can protect your vulnerable family members.
What Should You Expect When You Pursue a Conservatorship?
If you’ve determined that a loved one would benefit from a trusted person managing their assets, you should hire an attorney to represent you in probate court in Davis County. They can help you fill out court documents explaining what duties you want to take on for your loved one. You will also need to take a test that shows you understand what’s expected of you in this role.
The person whose estate you wish to protect will be notified of your intentions, and they or their spouse and other loved ones will have the chance to object. If they do, a Davis County judge might require you to attend mediation until you reach an agreement.
At that point, the judge will decide whether your loved one needs a conservator and if it should be you. Experienced Davis County, UT lawyers can guide you through your case and answer your questions, so contact our Bountiful, Utah law firm to speak with a caring attorney.
Are You Ready to Hire a Conservatorship Lawyer In Davis County?
If you’re worried about a family member’s estate due to their inability to manage it properly, you might be considering petitioning to be their conservator. This means you must convince a Davis County judge to appoint you for this role, which can be a complicated process. That’s why you need legal guidance from dedicated Davis County lawyers who understand the desire to protect your loved one’s estate.
When you come to our Davis County law office for advice, you’ll meet with an attorney who has a comprehensive understanding of the legal process of becoming a conservator. Our team would be happy to explain what to expect before you start filling out court documents, so we encourage you to contact our Davis County law firm today. Call 385-438-8801 to schedule an initial consultation with a compassionate attorney at Able & Strong Law, Inc.