Conservatorship Attorney in Bethesda, Maryland
When an individual is in the process of creating a comprehensive estate plan, they should be sure to consider all factors. When someone in Maryland becomes incapacitated due to disease, an accident, or another disability, they may benefit from having a guardian appointed to them. Sometimes, there are situations in which the court did not appoint a guardianship to an individual and there is no one named in the estate plan to act as such. If this is the case, a loved one of the elderly person may wish to petition that the court grants them a conservatorship. If successful, the conservator will be permitted to manage all assets of their loved one. This is a major responsibility and should not be considered lightly. If you need assistance establishing a conservatorship in the state of Maryland, contact JD Katz today.
What is the role of a conservator?
Before an individual can petition the court to act as a conservator for a loved one, it is essential that they are aware of what responsibilities they may be taking on. Acting as a conservator is no easy task. A conservator is responsible for taking control of all of the individual’s assets and managing them accordingly. This includes all investments, property, and finances. The conservator is responsible for ensuring all taxes and bills are paid on time. The conservator will be granted financial power of attorney to handle all of the individual’s assets while they are incapacitated. This is a challenging role that deserves the guidance of an experienced estate planning attorney. Contact JD Katz.
Applying for Conservatorship
When it becomes apparent that an incapacitated adult needs a conservator to handle their affairs, the person who wishes to take on that very important role must petition the court. In the petition to the court, the prospective conservator must provide an explanation regarding the relationship they have with the party they believe needs a conservator and why they should be appointed to this important role. If there are other individuals who are also petitioning for the role of conservator, they must explain why they believe they should be chosen over the other petitioner. In addition, the petitioner must be able to prove to the court that the individual needs a conservator. This can be done with a statement from a medical professional who works with the incapacitated individual. They must state whether they believe a conservatorship is needed at this time. The court will schedule a hearing to assess all information provided and determine whether a conservatorship is necessary and who they will appoint to fill the role of conservator.
Contact a Maryland Elder Law Attorney
If you are the loved one of a person who has become incapacitated and needs help managing their financial affairs, it may be a good idea to consider a conservatorship. Of course, this is a major responsibility and should not be taken without great consideration. It is best to speak with an experienced estate planning attorney who can assess your situation and advise you on how best to proceed. Contact JD Katz today for quality legal representation.