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Conservatorship

CONSERVATORSHIP

A conservator is a person appointed by the Court to handle the financial matters and property of a minor or adult person who is incapacitated. An incapacitated person is someone who is physically and/or mentally unable to care for themselves. In some cases, the person has a chronic use of drugs or alcohol, is confined, or is being detained by a foreign power, or has disappeared.

A Conservator may be appointed when a person can no longer handle property or manage business affairs. The person might have property that will be wasted without a Conservator or be in need of funds to support them. In many cases, the person has entered a nursing home and has become incapacitated and needs his/her property to be sold in order to generate funds to support them while in a nursing home.

Once the petition for appointment of a Conservator is filed for an adult, a physician must examine the ward and render a report of his findings. In addition, the Court will appoint a Court Representative and a Guardian Ad Litem. In the case of a Minor the Court will only appoint a Guardian Ad Litem. If the petition is granted, the Court will set a bond for the Conservator and will set the first accounting period. The Conservator must file an inventory with the Court within 90 days of appointment. The Conservator must keep a record of all transactions, both incoming and outgoing, and give an accounting as the Court directs.

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