Call Today 954.228.6126
Conservatorship Prepare for Tomorrow by Planning Today

Conservatorship

Pembroke Pines Estate Planning Lawyer

Simply put, conservatorship is when one person becomes incapacitated and unable to make decisions for themselves, requiring another person to be named guardian and given the ability to act in the ward's stead. The "conservator" is named by the court and can submit a petition to be appointed as the guardian of the ward as long as the injury lasts.

While conservatorships are not intended to be permanent, many injuries do remain until the end of the ward's life. This means that conservatorships extend for the same amount of time. However, once the ward has passed on, the conservatorship will expire, requiring the implementation of the ward's established estate plan or for a full probate litigation process to begin.

Conservatorship vs. Powers of Attorney

The explanation above may sound similar to power of attorney. However, there are some key differences between conservatorship and power of attorney. First of all, powers of attorney are exclusive either to finances or to the health of an individual. Conservatorships tend to be all-encompassing, meaning that the conservator has the power to make decisions regarding the ward's finances and health care.

Secondly, conservators have exclusive power over an individual's estate. This is in comparison to limited powers of attorney, which are still subject to the decisions of the ward from time to time. Conservatorships are most beneficial to cases of dementia or mentally incapacitating diseases, whereby the ward is in need of someone who will make decisions in their best interest even when their condition causes them to believe otherwise.

A conservatorship is only appointed by a court, meaning that the ward cannot choose the conservator as they would choose a power of attorney. Reasonable persons with interest in the ward's estate or health can petition to be named a conservator, but the court will ultimately choose based on its determination of what is in the best interest of the ward. This also applies to any decisions a conservator makes once he or she has been appointed. Everything done under the title of conservatorship is subject to review by the court to determine whether it is truly in the best interest of the ward.

Obtaining Conservatorship in Florida

If you have a family member or close friend in need of an adult guardian and you want to be named conservator, contact a Pembroke Pines estate planning lawyer. Having legal representation when you petition to be named conservator can help your chances tremendously. Contact the Law Office of Steven Friedman today to learn more.

  • Meet Steven Friedman

    Attorney Steven Friedman has been helping clients through estate planning and family matters since 1980.

    Get to Know Me
  • Highly Recommended

    Take a look through testimonials from past clients about how Attorney Friedman has been able to help them.

    See Testimonials
  • No Case is Too Small

    Attorney Friedman has seen it all in his 30+ years of legal practice, and is ready to guide you through any case.

    Learn More

Contact Me Today to Get Started

All Consultations are Free and Confidential
  1. Over 30 years of legal experience
  2. Tailored representation for each client
  3. Knowledgeable in all areas of estate planning and probate law
  4. Interests of the client and their family come first
  5. All case evaluations are free of cost
  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please select an option.
  • Please enter a message.