Conservatorships may receive a negative connotation in the media. But this stigma may only apply when an individual is unnecessarily placed under one and is subsequently stripped of their basic civil liberties and made a victim of abuse. However, you may know in your heart that a conservatorship is in the best interest of your loved one to make them physically safer, protect their finances, and foster their emotional well-being. Well, in this case, please continue reading to learn the telling signs that your loved one will need to be placed under a conservatorship and how an experienced Putnam County guardianship attorney at the Law Office of Andres D. Gil, PLLC, can help you obtain this protection for them.

How do I know if my loved one needs to be placed under a conservatorship?

For starters, the New York State Surrogate’s Court may rule that your loved one needs to be placed under a conservatorship if they are deemed to have a serious incapacity or disability. Their condition must be to the extent that they are incapable of making decisions for themselves that are mentally sound. And so, you may accept this fate for your loved one if any of the following circumstances apply:

  • Your loved one may need help managing their income, expenses, and financial assets in their estate.
  • Your loved one may need help making decisions regarding their medical treatment options.
  • Your loved one may need help keeping their living environment safe, clean, and inhabitable.

Can I apply to be the conservator of my loved one in New York State?

Unfortunately, your loved one may have reached a point of incapacity before they got around to adding powers of attorney in their estate plan. Otherwise, their appointed agents may have stepped forward to handle these financial, medical, and personal care needs. If you find their state of incapacity persistent or progressive, you may want to file a petition with the New York State Surrogate’s Court and volunteer your services as their conservator.

Once you initiate this process, you must adequately prove to the court that your loved one has an eligible incapacity or disability for a conservator. Specifically, this may be accomplished by having them submit to a medical evaluation with a licensed physician or mental health professional. You must understand that your loved one has the right to appear in these court proceedings and obtain their own legal representation at this time.

In addition, you must prepare for the possibility that the court agrees that your loved one needs a conservator, but disagrees with it being you. That is, the court has the authority to select any other individual, organization, or social service agency to fill this role. And even if the court agrees it is you, you must complete special court-ordered training before being officially appointed to this title. Of course, this may not come without tension or litigation amongst other family members or close friends.

Understandably, this may all seem like a headache during this especially overwhelming time. Well, to alleviate some of the pent-up stress, please turn to the legal aid of a skilled estate planning attorney in Putnam County. Contact our office, the Law Office of Andres D. Gil, PLLC, right now; someone will be more than happy to speak with you.