Conservatorship

Pembroke Pines Estate Planning Lawyer

Simply put, conservatorship is when one person becomes incapacitated and unable to make decisions for themselves, requiring another person to be named guardian and given the ability to act in the ward's stead. The "conservator" is named by the court and can submit a petition to be appointed as the guardian of the ward as long as the injury lasts.

While conservatorships are not intended to be permanent, many injuries do remain until the end of the ward's life. This means that conservatorships extend for the same amount of time. However, once the ward has passed on, the conservatorship will expire, requiring the implementation of the ward's established estate plan or for a full probate litigation process to begin.

Conservatorship vs. Powers of Attorney

The explanation above may sound similar to power of attorney. However, there are some key differences between conservatorship and power of attorney. First of all, powers of attorney are exclusive either to finances or to the health of an individual. Conservatorships tend to be all-encompassing, meaning that the conservator has the power to make decisions regarding the ward's finances and health care.

Secondly, conservators have exclusive power over an individual's estate. This is in comparison to limited powers of attorney, which are still subject to the decisions of the ward from time to time. Conservatorships are most beneficial to cases of dementia or mentally incapacitating diseases, whereby the ward is in need of someone who will make decisions in their best interest even when their condition causes them to believe otherwise.

A conservatorship is only appointed by a court, meaning that the ward cannot choose the conservator as they would choose a power of attorney. Reasonable persons with interest in the ward's estate or health can petition to be named a conservator, but the court will ultimately choose based on its determination of what is in the best interest of the ward. This also applies to any decisions a conservator makes once he or she has been appointed. Everything done under the title of conservatorship is subject to review by the court to determine whether it is truly in the best interest of the ward.

Obtaining Conservatorship in Florida