(856) 439-6223If your family member can no longer manage their finances and personal affairs because they are disabled or incapacitated, you will need to designate a responsible adult to handle those matters for them. A Bucks County conservatorship lawyer from our estate planning and elder law firm of Nesevich Law, LLC could guide you through the legal processes to make that designation.
When an attorney successfully pursues a conservatorship petition, the legally appointed conservator can stand in place of a disabled individual in courtroom proceedings, make decisions affecting that individual’s living situation, and manage their daily living activities.
How Is a Conservatorship Established?
In Bucks County, an alleged incapacitated person’s (AIP’s) close family members or friends, banks, and local or county support agencies may retain a lawyer to file a conservatorship petition in the Orphans’ Court Division of a Court of Common Pleas with jurisdiction over the matter. The lawyer could file a petition that includes details of the AIP’s disability or incapacity, as well as information about their finances, assets, and current living situation, as it relates to the purported need for appointment of a conservator.
The Court will appoint an independent attorney to protect and represent the AIP’s interests. It may also appoint a separate “guardian ad litem” to analyze whether a conservatorship is in the best interests of the AIP. A lawyer who has experience with the conservatorship petition process, including any of our attorneys at Nesevich Law, LLC, could advise you on how the Court will manage these appointments in your case.
How Can an Attorney Help the Conservator?
The conservator’s duties begin when the Court approves their appointment. A Nesevich Law, LLC conservatorship attorney serving Bucks County could provide advice and counsel on:
- Managing the AIP’s finances, including making investments and selling real estate and other assets
- Assuring compliance with income tax payments and filing returns
- Remitting payments for invoices
- Filing annual accounting and other reports that the Court will require as a condition of authorizing the conservator to make decisions on behalf of the AIP
The conservator will not make medical and healthcare decisions on behalf of the AIP, which are authorized under a separate healthcare directive. Ask your attorney for information about completing this directive and any associated medical powers of attorney.
The conservator’s role imposes fiduciary duties and responsibilities on the individual appointed to fulfill that role. The conservator should take extreme care and consult with a knowledgeable conservatorship attorney to confirm that they are in compliance with their fiduciary obligations.
Can Conservatorship Appointments Be Challenged?
Disputes can arise among family members over whether an AIP needs a conservator. If you perceive that an AIP is unable to manage their own affairs, but someone is opposing that process or insisting that you are not the appropriate person to act as conservator, get help from an attorney to address the challenges and achieve a result that is best for you and the AIP in Bucks County. Obtaining legal representation is critical if a challenger makes allegations of elder abuse or accuses you of misusing or misappropriating the AIP’s assets.
Call Nesevich Law, LLC To Consult With Our Conservatorship Legal Team in Bucks County
Conservatorship imposes significant legal obligations on the person chosen to fulfill that role. If you have questions about whether you can take on that role, or if a conservatorship is relevant to your circumstances, please call Nesevich Law, LLC to discuss your situation with a Bucks County conservatorship lawyer. We could prepare and file the necessary petition on your behalf, represent you during and after the conservatorship hearing, and help defend you against challenges to your appointment.