• May 15, 2018

How are Conservators and Guardians Appointed?

How are Conservators and Guardians Appointed?

1024 768 Patrick J. Thomas Agency

The process of appointing a person or professional company for a conservatorship or guardianship can differ from state to state, but there is a general process that applies to most courts across the country. While it’s best consult with an attorney before going through the process, it’s good to know what you will be asked for by the courts before a conservator can be chosen and finalized.

Here is the general process of appointing a conservator or guardian for a protected person.

It Begins and Ends with the Courts

In most states, the courts have to approve of a person or company assuming the role of conservator or guardian. The process begins with petitioning the court and explaining why a guardian or conservator is needed for a vulnerable person. The courts then determine whether such a role is needed and who is able to carry out the duties and responsibilities of the positions.

What Does the Court Want to Hear?

The courts in most states will want you to explain the vulnerabilities of the person in questions as well as the challenges they will face. In the simplest terms, they want to know why the role of a conservator or guardian is necessary in the this particular case.

You should be prepared to speak with a judge and present any evidence you believe will help support your case.

Finding the Right Party

Many people choose either a close family member or friend or a professional to be a conservator or guardian. Once you have chosen a representative, you should notify them and have them start learning what will be expected of them. It’s a good idea to have the protected person approve of who is taking the role of a guardian or conservator. If it’s not a good fit, it’s a good idea to seek out someone else for the position.

The courts will conduct a background check before they approve a party, and a hearing will be set so that the court can review all the relevant information.

What to do if a Person is Approved

When a party is approved by the court as a conservator or guardian, the next step is to have that party file an official acceptance. This affirms that they know the responsibilities required of them.

Getting a Surety Bond is Normal

The courts in many states will require guardians and conservators to acquire a surety bond before they accept the position. This is an entire process on its own, but it’s generally easy to get a bond if you work with the right surety agency. To find out what you need to do to secure a surety bond for a conservatorship or guardianship, contact The Patrick J. Thomas Agency today.

 

Disclaimer: this is for informational purposes only and is not intended to be legal advice. If you need legal counsel, please contact an attorney directly.