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Can I prove later that I dont need a conservator

 
PaulMJD's Avatar
  • Answered by:PaulMJD
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Customer Question

Can I prove later that I don't need a conservator?

 

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State/Country relating to question: Georgia

Already Tried:
none

Submitted: 682 days and 15 hours ago.
Category: Personal Injury Law
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  RJ replied682 days and 15 hours ago.

Do not worry. You do not have to have a conservator. You will need to take your case to a hearing before a judge. If you just prove that you do not need a conservator, you will not have one anymore. You just need to show that you are competent. Good luck and remember to press accept so that I may get credit

Expert TypeProfessor
Category: Personal Injury Law
Pos. Feedback: 99.9 %
Accepts: 3053
Answered: 8/7/2011

Experience: Former Torts professor and former personal injury paralegal

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Customer replied682 days and 15 hours ago.

The court has already sent a social worker to may house to make a report and unfortunately that day i didn't feel ok and make a bad impression. There is a court hearing on Monday which my lawyer said I didn't need to go to. If I go to the hearing will I be able to prove that i don't need a conservator? How can I show up?

Accepted Answer

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Expert:  RJ replied682 days and 14 hours ago.

You can go to the hearing,if you want. Your lawyer will argue that you are competent. If you can make a good impression, tell your lawyer to make you testify.

Expert TypeProfessor
Category: Personal Injury Law
Pos. Feedback: 99.9 %
Accepts: 3053
Answered: 8/7/2011

Experience: Former Torts professor and former personal injury paralegal

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Accepted Answer

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Expert:  PaulMJD replied682 days and 8 hours ago.

I am afraid your previous expert was a bit over exuberant in his zeal to make you happy. Whether or not a conservator is going to be required will depend not on your attorney arguing you do not and you making a good impression, it is going to depend on whether or your your medical providers testify that you need a guardian or conservator. Your attorney can present contrary medical testimony that you do not need a conservator or the court can even order an independent exam to determine whether or not you should have a conservator, but it is not just based on you making a good impression as you were just told by the previous expert.

Expert TypeAttorney
Category: Personal Injury Law
Pos. Feedback: 98.3 %
Accepts: 1050
Answered: 8/7/2011

Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.

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Customer replied682 days and 8 hours ago.

I find another doctor later ( my court is tommorow ) who would testify that I don't need a conservator, can I go back to court and cancel my conservator?

 

Accepted Answer

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Expert:  PaulMJD replied682 days and 8 hours ago.

If you can find a doctor that states you are mentally competent later on and that you no longer need a conservator, then the court can vacate the conservatorship. However, if you deny that you need a conservatorship now, your lawyer should be asking for an independent examination to counter the testimony of your current doctor that is claiming you do need a conservator. If you are thinking your situation may change over time, then if it does, you can later file a motion to terminate the conservatorship upon proof from a doctor you have become competent to manage your own affairs.

Expert TypeAttorney
Category: Personal Injury Law
Pos. Feedback: 98.3 %
Accepts: 1050
Answered: 8/7/2011

Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.

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