Conservatorship Lawyer in San Antonio

What Can a Conservator Do?

A conservator can be given broad powers to manage a ward’s financial affairs or limited powers. In some cases, the conservator may be required to obtain court approval before making certain financial decisions.

Some of the powers and duties of a conservator may include:

• Locating and taking control of the ward’s assets
• Creating a budget and managing the ward’s finances
• Managing the ward’s real estate, business interests, and other investments
• Collecting income and benefits for the ward
• Ensuring that the ward’s bills and debts are paid
• Preparing and filing tax returns
• Applying for public benefits
• Investing the ward’s money
• Purchasing and selling property
• Managing the ward’s assets

How to Establish a Conservatorship

Establishing a conservatorship can be a complex process. 

To establish a conservatorship, you must:

• File a Petition with the Court: To initiate the conservatorship process, you must file a petition with the court in the county where your loved one resides. The court will require you to provide certain information, including your loved one’s residence and date of birth, the names and addresses of their closest relatives, the reason why a conservatorship is necessary, and the powers you are seeking as the conservator.
• Obtain a Physician’s Evaluation: In most cases, you will be required to obtain a physician’s evaluation of your loved one’s mental capacity to make financial decisions. The physician’s evaluation must be filed with the court within 14 days of filing the petition.
• Notify All Interested Parties: All interested parties must be notified of the petition. Interested parties may include your loved one’s spouse, children, parents, and siblings, as well as other individuals who have been appointed as the conservator or guardian of your loved one.
• Attend the Hearing: After the petition has been filed and the interested parties have been notified, the court will schedule a hearing. At the hearing, the court will consider the evidence and determine whether a conservatorship is necessary.

At Paul Hardy Law, we can help you navigate the conservatorship process from start to finish. Our San Antonio conservatorship attorney can help you file the petition with the court and ensure that all of the necessary documents are filed on time. We can also represent you at the hearing and present evidence to support your case.

What Is the Difference Between a Conservator & a Guardian?

While both a conservator and a guardian are appointed by the court to make decisions on behalf of another individual, there are important differences between the two.

The main difference between a conservatorship and a guardianship is the type of decisions that the conservator or guardian is authorized to make.

A conservator is authorized to make financial decisions and manage the ward’s financial affairs. This individual may be responsible for managing the ward’s bank accounts, paying their bills, and managing their investments.

On the other hand, a guardian is authorized to make personal decisions and manage the personal affairs of the ward. A guardian may be responsible for making decisions about the ward’s medical care, where they will live, and their social and recreational activities.

In some cases, the court may appoint the same person to serve as both the conservator and the guardian of a ward. If you are interested in serving as the conservator or guardian of a loved one, it is important to understand the powers and duties that will be required.