We assist clients with obtaining conservatorships in the Probate Court in the unfortunate circumstance where an individual becomes mentally incompetent and has not appointed someone under a durable power of attorney to handle his or her financial decisions. It is also necessary sometimes to obtain a conservatorship when someone does have a valid durable power of attorney in place, but it does not provide the individual named the appropriate authority to deal with their real estate or other financial matters or have appropriate gifting authority to transfer assets to allowable individuals.
Under these circumstances it is necessary to petition the court to have a conservator appointed to make financial decisions for the "protected person" and in some instances petition for further authority to do estate planning for the protected person.
It is important to be aware that a conservatorship may not be necessary if the individual still has sufficient capacity to understand the ramifications of signing legal documents, such as a durable power of attorney. This is something we can determine after meeting with the individual and discussions with his or her doctor, if necessary.