Conservatorship Lawyer Montana
If your loved one was in an accident that caused them to be mentally incapacitated or suffers from an illness like Alzheimer’s disease or dementia that leaves them unable to care for their finances properly, our Montana conservatorship lawyer may be able to help. When your loved one has a significant amount of assets to deal with, it is best to see if they have a conservator lined up or ensure they get a court-appointed conservator. However, the process of getting a conservator might be confusing, and their role might seem complicated. The experienced team at Silverman Law Office, PLLC is here to help you and your family transition into this process smoothly. Call our office so that we can help answer your questions regarding conservatorship today.
What Types of Probate Conservators Are There?
Depending on the person’s level of need, our conservatorship lawyer serving Montana shares two types of probate conservators that may be recommended. These are:
- An Estate Conservator. This type of conservator takes care of the conservatee’s financial assets. This can be as simple as paying the conservatee’s monthly bills, ensuring they collect income and disability benefits on time, or even buying and selling real estate.
- A Personal Conservator. This conservator cares for the actual person when they are mentally or physically incapable of doing so. In this scenario, the conservator must ensure the conservatee has the proper shelter, food, clothing, and even health care plan. If the person is severely incapacitated, the conservator may also need to make critical decisions. This may include medical decisions on your loved one’s behalf, including decisions regarding life support.
Who Is Eligible to File for Conservatorship?
Several people are eligible to file for conservatorship. Some of these people are:
- A spouse or domestic partner
- Another relative of the proposed conservatee.
- An interested person or friend of the proposed conservatee.
Additionally, a court can provide a conservator on behalf of the proposed conservatee, to act in the person’s best interests. Typically, if the incapacitated person has already proposed an eligible person, the court is likely to appoint that person unless they are not working in the conservatee’s best interests.
How Does the Conservatorship End?
There are several ways that a conservatorship ends. Some of these ways are:
- If the conservatee dies.
- If the conservator dies.
- If the conservatee runs out of assets.
- If the conservatee can handle their own assets.
Where Can I Find More Information?
If you have any additional questions regarding appointing a conservator or working with a conservator that a court has appointed, feel free to contact Silverman Law Office, PLLC Finding the best conservator for your family should not be something you stress about. Our conservatorship lawyer Montana residents recommend can help you better understand this process and create a situation that is most suitable for you and your loved one.
Frequently Asked Conservatorship Questions
Are you considering whether a conservatorship is best for your loved one? We want to help you to navigate this process by providing you with straightforward legal counsel. To assist you in the decision-making process over whether a conservatorship is right for you, contact Silverman Law Office, PLC, to answer the many questions you may be facing.
What is a conservatorship?
A conservatorship allows you to take guardianship over an adult who may require support in specific areas. In some cases, a conservatorship may only be needed for a limited period, while in others, it may be necessary for a conservator to be appointed for longer. When someone is mentally incapacitated or unable to make decisions on their own, it may be necessary to consider a conservatorship for your loved one.
Why would I choose a conservatorship?
There are several situations that may require a conservatorship, including:
- A person is mentally disabled permanently
- A person is mentally incapacitated due to an illness such as dementia or Alzheimer’s
- A person is completely incapacitated and unable to make their own decisions
It’s important to work with a Montana conservatorship lawyer to protect the person in need from being exploited or taken advantage of and ensuring that they have access to the best care possible.
What role does a conservator play?
Before taking on this great responsibility, it’s important to have a clear picture of your obligations as a conservator. The appointed person should be someone who is prepared to take on this responsibility and be trusted to make decisions in the conservatee’s best interest. A conservator is responsible for managing nearly all aspects of a person’s life, including:
- Where the person will live
- Making sure they receive the proper medical care
- Managing financial assets
- Making financial decisions
- Paying for any financial obligations
What are some reasons that people choose a conservatorship?
While the need for a conservatorship might be obvious in some cases, deciding to take action might be more challenging. Someone who is incapacitated will certainly need an appointed party to make decisions over someone’s care. However, when a person is aging and notices signs that someone may need to step in, it can be particularly difficult. When managing such delicate family matters, it will be essential to access the guidance of a lawyer.
How long does it take to obtain a conservatorship?
You will need to initiate the process by obtaining the appropriate paperwork with the local courts. Sometimes, this can be a relatively straightforward process where conservatorships are granted in a relatively short period. However, should disputes arise, the process might take longer and require a conservatorship lawyer’s assistance.
Obtaining a conservatorship requires the assistance of a lawyer like those at the Silverman Law Office, PLC. Our lawyers are not only skilled but compassionate and empathetic to the challenges that you and your family might be facing. We can assist you by guiding you through the conservatorship process in the most straightforward way possible.
What Happens When a Conservatorship Arrangement “Goes Bad”?
The concept of conservatorship isn’t discussed in popular culture or reported on by media outlets very often. However, when a conservatorship arrangement becomes contentious, it can serve as tabloid fodder for a time. Perhaps no conservatorship arrangement has been more closely followed for more years than the one involving pop star Britney Spears. In 2008, her father and a lawyer were granted a temporary conservatorship over her assets, business dealings, and estate following an incident in which Spears was placed on a temporary psychiatric hold. This conservatorship arrangement was later made permanent.
More than 10 years after Spears’s father was named a conservator, he stepped down from the position for health reasons. Another individual stepped in to assume this role. When Spears’s father moved to reassume this position, Spears’s lawyer objected to the transition, insisting that, “We are now at a point where the conservatorship must be changed substantially in order to reflect the major changes in her current lifestyle and her stated wishes.” Although Spears’s father was permitted to remain a co-conservator, his petition to assume sole control over the conservatorship arrangement was rejected by the courts.
Why does the conservatorship arrangement of a pop star matter broadly? Her situation serves as an excellent illustration of what can happen – and what can be done – in the event that a conservatorship arrangement no longer reflects the needs and interests of the conservatee. It is imperative to understand that once a conservatorship arrangement is in place, it must progress in specific ways or there may be grounds to alter the arrangement or replace the conservator. Entering into a conservatorship arrangement does not entitle a conservator to behave in any ways they please without consequence. In the event that a conservatorship arrangement results in abuse or exploitation of the conservatee, the conservator may even be charged criminally for their wrongdoing. In the event that an existing conservatorship arrangement no longer serves the needs and interests of the conservatee, please speak with our experienced legal team about modification opportunities.
Legal Assistance Is Available
Conservatorship challenges are rarely straightforward. As a result, it is important to speak with an experienced attorney as soon as you have questions about this legal tool. Being proactive in seeking legal counsel can help you to avoid an unnecessarily contentious process and/or unnecessarily negative consequences related to a conservatorship arrangement. To learn more about our services and to have your questions answered, connect with our office to speak with an experienced Montana conservatorship lawyer today.
