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What Reasons May Someone Need a Conservator?

Posted on April 10th, 2021


Conservatorship lawyers have been helping people initiate requests for conservatorship for many years. Seeking conservatorship can be helpful if you have a senior loved one or a family member that was diagnosed with a severe mental disability and is at risk for undue influence. Conservatorship can help protect the person who is unable to care for their personal needs or finances by making decisions that would be in the conservatee’s best interest.

Who Needs Conservatorship

If you aren’t sure whether your loved one needs a conservator, we suggest meeting with our team for advice. It isn’t uncommon for the children of senior parents or relatives of someone with a severe mental disability to apply for conservatorship. The goal of conservatorship is to protect a person who is unable to care for themselves from being victimized by people with dishonest intentions. 

Conservator of the Person and Estate

There are two choices that a conservator has, as they can apply to protect their loved one’s person and/or estate. Being a Conservator of the Person means that you manage the health care of the conservatee when they are unable to do so themselves. You may have to approve/disapprove of medical care related decisions, get the conservatee the medication they require, or make decisions about shelter as it relates to their physical and mental health. 

Providing Clear and Influential Evidence

As your lawyer may tell you, the court requires sufficient and obviously convincing evidence that another person needs conservatorship. Legal counsel can talk with you about what types of evidence the court usually looks for, and how to make a strong case for your loved one’s well-being. The court wants to ensure that the conservator is going to act based on what is in the interest of the conservatee, and not for personal gain.

Obtaining conservatorship is very technical, so it is imperative that all paperwork is accurate and completed entirely. Having a lawyer look over the documents before submittal is something beneficial for you and your loved one. Additionally, the court will likely check in on the conservator periodically to see that their role is still needed and that the choices they have made reflect what is best for the conservatee. 

Conditions That May Necessitate Conservatorship

If a cherished family member has dementia, recently suffered from a debilitating stroke, or other mental condition that impairs their judgement and ability to communicate “no”, then it may be time to file a petition to the court for conservatorship. We can understand that realizing your loved one needs such protection can be emotional, and you may be confused about how to go about initiating a conservatorship request. You can rest assured that our conservatorship lawyer in Montana at the Silverman Law Office can assist you with your concerns and issues for your loved one. 


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Silverman Law Office - Bozeman

504 W. Main St.

Bozeman, MT 59715

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Silverman Law Office - Helena

2620 Colonial Drive

Helena, MT 59601

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