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What is a Conservatorship in Florida?

A conservatorship is a legal arrangement in which a court appoints an individual or entity to manage the affairs of another person who is unable to do so themselves. This may occur due to a person’s mental or physical incapacity. In Florida, conservatorships are also commonly referred to as guardianships.

What is a Conservatorship?

A conservatorship is established when an individual, known as the conservatee, is unable to make decisions or manage their own personal or financial affairs. This could be due to a variety of reasons, such as old age, disability, or mental illness. In Florida, the process for establishing a conservatorship involves filing a petition with the court, providing evidence of the conservatee’s incapacity, and having a hearing to determine the need for a conservator.

Once a conservatorship is established, the court appoints a conservator to act on behalf of the conservatee. The conservator has the legal authority to make decisions regarding the conservatee’s healthcare, finances, and other important matters. The conservator must act in the best interests of the conservatee and be accountable to the court for their actions.

Do You Need a Lawyer to Get a Conservatorship?

While it is possible to navigate the conservatorship process without a lawyer, it is highly recommended to seek legal representation. Establishing a conservatorship can be a complex and time-consuming process, and having a lawyer by your side can ensure that your rights and interests are protected.

A lawyer who handles conservatorship proceedings can guide you through the process, help you gather the necessary evidence, prepare the required documents, and advocate on your behalf during court hearings. They have the knowledge and experience to navigate the legal system and ensure that all the necessary steps are taken to establish a conservatorship successfully.

Additionally, a lawyer can help you understand the implications and responsibilities of being a conservator. They can provide valuable advice and support to ensure that you fulfill your duties in the best interests of the conservatee.

What if You are Opposing a Conservatorship?

If you believe that a conservatorship is not necessary or that someone else would be a more suitable conservator, you have the right to oppose the establishment of a conservatorship.

To oppose a conservatorship in Florida, you would need to file a petition with the court stating your objections and providing evidence to support your claims. It is crucial to have a lawyer by your side during this process to ensure that your rights are protected and that your objections are properly presented to the court.

A lawyer can help you gather the necessary evidence, prepare a strong legal argument, and advocate on your behalf during court hearings. They will help ensure that your voice is heard and that the court considers all relevant factors when making a decision on the conservatorship.

Call a Florida Estate Planning Attorney Today

Contact Mickey Keenan, PA, to schedule a consultation and obtain the legal guidance you need. Remember, having the right lawyer by your side can make all the difference in the outcome of your conservatorship proceedings. Call our office today or contact us online to schedule a free case evaluation.