Top Reasons to Hire a Special Needs Attorney When Seeking a Conservatorship

Posted on: 8 January 2021

In some situations, an adult may need to be put under a conservatorship. This happens when a person is deemed incapable of making decisions for him or herself, and another adult is legally appointed to make decisions on their behalf. Being appointed the conservator of a loved one is not a simple or easy process, which is why you should hire an experienced special needs attorney to assist you. Working with a good special needs attorney can make each step of gaining a conservatorship a less stressful process.

Some of the top reasons to hire a special needs planning attorney when a conservatorship is needed include:

Expert Advice About What Type of Conservatorship to Seek

A person can apply for a permanent, temporary, or limited conservatorship. Choosing the right type of conservatorship is important for the sake of your loved one, and ensuring that you select the right conservatorship will increase the likelihood of the conservatorship being granted by the court. A temporary conservatorship is granted for a specific amount of time while an adult heals from the condition that is making him or her incapable of making important decisions. Some people may never be in a position to make decisions, so they would need a permanent conservatorship. Limited conservatorships are typically reserved for developmentally disabled adults. Your attorney can advise you on which type of conservatorship to seek. 

Avoid a Court Appointed Conservator

When a person becomes a conservator of a loved one, he or she typically wants to look out for his or her loved one's best interest. However, if the process of obtaining a conservatorship is not done properly, it can result in the court appointing a conservator who is a stranger to your loved one. A good special needs attorney will work on the behalf of you and your loved one to help ensure that you are appointed as conservator.

A Potential Conservator Can't Petition for a Conservatorship

One of the biggest reasons that you need to hire a special needs attorney is since the person who petitions the court for a conservatorship is not allowed to be the conservator. Thus, if you file a petition for conservatorship with the court, you won't be appointed as the conservator. Your special needs attorney can file the petition with the court and name you as the preferred conservator for your loved one and then represent you during the court hearings.