When most people think of the word “conservatorship,” they might automatically think of Britney Spears, who fought to have hers removed. Some Virginia residents might eventually need one. It’s important to know what a conservatorship is and how it works.
What is a conservatorship?
A conservatorship is a legal status that occurs when the court appoints someone to manage the affairs of another person. The person who is the subject of the conservatorship is either a minor or incapacitated and incapable of handling their own personal and financial matters. When someone is named a conservator, they might also be the guardian of the person and oversee their care and living situation.
How does a conservatorship work?
When a conservatorship is created, it means that the court has given someone the role of conservator to manage the affairs of a person who cannot tend to them on their own. Often, conservatorships are in place to help a minor, an adult with mental disabilities or an adult who suffers from severe mental illness.
The conservatorship can be either limited or general. A limited conservatorship means that the individual for whom the conservatorship was created is able to keep most of the control over their personal and financial matters while the conservator oversees whatever the court has ordered.
A general conservatorship is one in which the person whose matters are managed by the conservator has very little or no say in major decision concerning their personal or financial affairs.
How can someone get a conservatorship?
If a person is incapacitated, a conservatorship may be needed to help them with their most important matters. A family member could petition for it with the court. Conservatorships are granted when a person is incapacitated, mentally disabled or ill with a condition that involves cognitive decline such as Alzheimer’s disease.
If you believe a loved one needs a conservatorship, you should look into your options for having one created.