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Conservatorship Laws

Conservatorship occurs when one person is given legal control over another individual who is incapacitated or otherwise unable to make sound decisions in regards to their health or financial matters. Conservatorship also occurs in the business world when one business is placed under the legal control of another entity until the second business is assigned with a more permanent solution. Take a look at the questions below that have been answered by Experts to learn more about conservatorships and conservatorship law.

What is a conservatorship and why would anyone agree to give up their legal rights?

A conservatorship occurs when one person or entity assumes legal control over another person or entity. The purpose of a person taking conservatorship over another individual is due to a person's inability to care for them any longer and they need help with personal and financial affairs. It isn't a matter of a person wanting to give up their legal rights as much as the person is unable to handle their affairs and need assistance. Conservatorship occurs with businesses when one business takes control of another business due to illegal activities by an officer. The business will maintain conservatorship of the second company until another officer can take control.

My ex and I have a joint managing conservatorship where she is the primary (Texas). I notified her yesterday that I have an emergency (death of a friend) and won't be able to take the children this weekend. Do I need to find someone to watch them for the weekend even if I don't have those types of resources available?

It is your responsibility to notify your ex-wife and your children of your inability to make your scheduled pick up times. Usually, if the parents can agree on switching weekends in this type of situation, the problem works itself out. However, if you and your ex- wife cannot agree on changing your weekend, you will lose your weekend. There are stipulations to modifying the terms of a joint Conservatorship through court. Each parenting plan should have a secondary dispute resolution procedure that both parents agree to before requesting the modifications. The only exception to this would be in the event of an emergency that required immediate attention. Although your ex-wife isn't making things easy for you, you should find someone to watch the children for the weekend that you will miss. Your ex-wives lack of flexibility during your emergency would be reason enough for you to Petition to Modify Parenting Time Agreement that would correct future incidents like this. You can attach the funeral card, death notice or Mass card to the Petition as proof of the emergency.

Is it possible to get conservatorship of my mother without informing all of my siblings? She wants to continue living with my family, but I know that my brother will fight conservatorship.

In order to gain Conservatorship of your mother, you will have to notify anyone that has an interest in your mother's welfare (the other siblings). As your mother's children, they deserve to be notified of your intentions. Since your mother is already living in your home, the judge may wish for your mother to continue in her current situation. Of course your mother will be given a chance to speak on her own behalf. If she provides the court with a reasonable explanation of why she wishes to remain in your home, the judge will probably allow her to remain with you.

My father is 81 and in poor health. He cannot care for himself and is continuously giving money away to phone scams. How soon can I get conservatorship over my father? He lives in Washington State.

To gain conservatorship over your father, you will have to file in Washington since he lives there. You won't be able to get a conservatorship in Washington. However, you can get guardianship, which is basically the same as a conservatorship. As for how soon this can be done, it will depend on how busy the court is and how the court handles individual cases. Based on this, it could take anywhere from 1-5 months. You may want to hire an attorney in Washington to assist you with the process.

When a person retains conservatorship over another person, it is usually due to the second person's lack of ability to maintain their financial and personal affairs. If you need information about conservatorship or just have questions about conservatorship laws, you should ask an Expert.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9181
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
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6 Family Lawyers are Online Now

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