How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Family Law question
Type Your Family Law Question Here...
characters left:
Family Lawyers are Online Now

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 Law question
Type Your Family Law Question Here...
characters left:
Family Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21196
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21196
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18394
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8492
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3850
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent Conservatorship Questions

  • My ex-wife and I have joint managing conservatorship of our

    My ex-wife and I have joint managing conservatorship of our two boys. She is the primary conservator though.
    Our youngest boy is under the age of three and therefore we had to agree on his summer visitation as stated in our divorce decree.
    She designated the two weekends that she would get both of our boys during my extended summer visitation as well as agreed to take the two year old during my normal time every Wednesday for two hours and one extra weekend during my extended summer visitation.
    She also, as per our divorce decree is allowed time on Saturdays to FaceTime/Call/etc with them.
    When she has either picked up or I have dropped off the youngest with her, she has demanded that I bring the older boy so she can see him. I have explained that this isn't her normal time to see him, and/or he has been busy with his step mother and step siblings. e.g., He literally wasn't home when his mother picked his younger brother up from me.
    She has threatened me stating that I am denying her reasonable access to our children and that I am hiding him. She has quoted the Children's Bill of Rights and threatened to take me to court.
    When I asked to talk to the boys outside of my normal visitation period, she either refuses or gives me a hard time.
    Does she have any legal standing here?
  • My wife had an affair and my step daughter was the result of

    My wife had an affair and my step daughter was the result of that. I had no clue she was not mine until an argument occurred when she was 18 months old. It did not change my view of my step daughter and actually brought us closer together. My name is ***** ***** birth certificate. The soon to be ex and I were involved in a CPS case and I was awarded sole managing conservatorship of all 3 of our girls. Her biological father relinquished his rights, and their mother gets supervised visitation.Do I need to adopt or is the custody all that is necessary?
  • How do I adopt my sons (7 years old) cousin in Houston, Texas

    How do I adopt my son's (7 years old) cousin in Houston, Texas
< Last | Next >