What is a conservator?

Estate planning helps people prepare for their end of life care. This can ensure that your wishes are carried out even when you are unable to make decisions for yourself. There are many factors to include when making these plans. Individuals will want to make sure everything is accounted for and that they will have loved ones who will take care of them during their time of need. By planning for a conservator, individuals can have their wishes carried out by someone else.

A conservator is an individual who takes on many responsibilities on behalf of someone else. People may not get to the point where they have planned for an individual to care for them, such as a power of attorney, and make decisions for them when they are unable to. If they are lacking an individual with this kind of role, a loved one can petition to grant them a conservator during their time of need. With this role, an individual that is appointed will have to take control of all the individual’s assets and managing them according to their plans. The conservator may have to control their finances to ensure all taxes and bills are paid in a timely manner. They will be granted with financial power of attorney to handle all of the individual’s assets while they are unable to do so.

How do I acquire this role?

If an individual becomes capacitated or cannot make clear decisions, they may need someone to make these decisions for them. If they have not appointed someone as their conservator, the individual who wishes to take on the role of conservator can petition the court to get this role. In the petition, the conservator should provide an explanation of their relationship to the individual and why they should be chosen as the conservator rather than another individual who petitioned for the role. The petitioner must also provide evidence that shows the individual needs the help of a conservator due to their current state. To prove this, they should acquire a statement from a medical professional that is assisting the incapacitated individual. The doctor should state if a conservatorship is needed at that time. The court will then schedule a hearing to assess the information that has been provided and to make their final decision. The conservator will then assume their role if they are approved.

The attorneys at JD Katz have years of experience compassionately guiding clients in Maryland through the estate planning and administration process. Our firm also has experience with matters of elder law, business law, tax law, and litigation. For a legal team that will put your needs first, contact JD Katz today.