October 2013 – Conservatorships

Mental health is at the forefront of today’s societal issues. With more people being diagnosed with an illness than ever before, and with the media helping to bring awareness to those who suffer with a mental illness, it’s receiving much more attention. Take for example, Amanda Bynes, whose mother recently petitioned to be named her Conservator and whose mental instability has been a topic on social media outlets almost daily.

The appointment of a Conservator is made when a court declares that there are assets that will be frivolously used up by a person deemed to be unfit to manage their finances without the help and proper management by another adult.

A Conservatorship is a legal relationship between a protected person (ward) and one or more individuals appointed by the court to make decisions on behalf of the protected person.

In order to require a Conservator, one must be deemed by the court to be either incompetent or incapacitated and therefore unable to make decisions about financial matters. The most common illnesses that require a conservator are Alzheimer’s/dementia, schizophrenia, bi-polar disorder, clinical depression, and obsessive compulsive disorder.

A petition must be filed with the court and served on the proposed ward in order to establish a conservatorship. A family member or other interested individual may petition for the appointment of conservator for a protected person. The individual in question must be present at trial and represented by an attorney.

If you have questions regarding conservatorships, please call Owens & Perkins today at (480) 630-2464 to schedule a frr 30-minute phone consultation with one of our experienced attorneys!