What is a Conservatorship and When is it Necessary?
Sep 28, 2021 | LawCall Legal News
A conservatorship is a form of adult legal guardianship in which the conservator has legal authority of certain aspects of a conservatee's life. This can range from a limited conservatorship covering medical and/or financial aspects to a full arrangement, often known as adult legal guardianship.
Perhaps the most famous example of conservatorship is the one placed on Britney Spears since her high-profile struggles with mental health.
There are several types of Conservatorship:
Financial: The conservator has full authority over the conservatee's finances.
Physical: The conservator has authority over the conservatee's health and life.
General: The conservator has authority over the conservatee's finances, health and other significant decisions.
Limited: The conservator has some authority over certain aspects of the conservatee's life.
The durations of a conservatorship vary depending upon the needs of the conservatee. A short term conservatorship typically runs for 90 days. It is used when a person is unexpectedly incapacitated.
The temporary conservatorship lasts for either a limited amount of time or under limited conditions. For example, if someone enters a medical coma.
The permanent conservatorship may last for the rest of an individual's life. This seemingly is what has been granted to Jamie Spears, Britney's father. The individual may file to have it rescinded, which is what Britney has done, and it will be ruled on by the court.
In June of this year, Spear's gave an emotional testimony asking that the conservatorship be removed, but her request was denied. Since then, there have been other developments that may end up with the conservatorship being removed in the coming weeks.
Conservatorship is granted when a person no longer has the capacity to make decisions on their own behalf. In most all cases, this is a decision based on mental incapacity. Physical incapacity will rarely, if ever, create a basis for legal guardianship.
If you have legal questions, please consult our Online Legal Directory to find an attorney in your area.
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