Conservatorship is a legal arrangement in which an individual is appointed to manage the personal and financial affairs of someone no longer able to do so due to incapacity. If you or a loved one is considering a conservatorship, it is essential to know the details and steps involved. A Houston conservatorship lawyer can help you understand the different types of conservatorships and what best suits your needs. Reach out to J. Lopez Law today to learn how our dedicated estate planning lawyers can help.
Texas law provides legal tools to help those who are unable to manage their affairs due to age, disability, illness, or incapacity. Two common arrangements are guardianships and conservatorships. A guardianship involves control over a person’s daily needs, such as housing, health care, and personal care, while a conservatorship involves control over financial matters, property, and business interests. If you are concerned about someone’s daily care and safety due to dementia or another illness, guardianship is available to address those concerns. If you are concerned about financial waste or mismanagement of assets, a conservatorship can help.
There are two types of conservatorship in Texas: limited conservatorship and general conservatorship. A limited conservatorship helps people with lifelong disabilities that they have had since before they reached adulthood. This type of conservatorship is “limited” because the individual needs less supervision and care than someone under a general conservatorship. Conservatees in limited conservatorships can maintain certain levels of care on their own, but require assistance with financial matters.
A general conservatorship, on the other hand, is used when an adult cannot manage finances, health care, and other important matters due to reduced mental capacity or impairment by injury or illness. A general conservatorship can be long-term or created to address a short-term health crisis. Some examples of situations where general conservatorships make sense include:
A knowledgeable conservatorship attorney in Houston can review the situation with your family to help determine which path is best to help a loved one.
Setting up a conservatorship requires several steps before it is legally recognized.
The process starts when a petition for conservatorship is filed with the court in the individual’s jurisdiction. The petition must include evidence of a proposed conservatee’s incapacity, along with the qualifications of a proposed conservator.
The court will then schedule a hearing to address the petition, take additional evidence, and determine if the conservatorship is necessary. Medical evidence and other proof can be shown to support the petition.
If the court approves, it will appoint a conservator to handle the conservatee’s affairs. Conservators in Texas must follow a set of legal requirements and always act in the best interest of a conservatee.
The process continues after a conservator is appointed. Conservators must report regularly to the court on a conservatee’s well-being and financial affairs. The court will continue to have jurisdiction over the conservatorship to address any issues that come up.
Our conservatorship attorneys at J. Lopez Law can ensure all legal steps are followed, from the filing of a petition in Houston onward.
Establishing a conservatorship in Texas requires several steps and compliance with legal requirements. To learn more about the legal issues and steps involved, contact a Houston conservatorship lawyer at J. Lopez Law today. We look forward to helping you protect your loved one and future.
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