Conservatorship

A conservatorship is a tool used to assist persons who, by reason of advanced age, physical incapacity, or mental weakness, are incapable of managing their own estates or their own persons.

If a conservatorship is warranted, a petition will be filed with the Chancery Clerk indicating the need for a conservator. The petition shall be accompanied by certificates of two (2) physicians or one (1) physician and one (1) psychologist, indicating that said physicians have made a personal examination of your loved one and that he/she is unable to manage his/her own affairs due to advanced age, physical incapacity, or mental weakness. The petition shall also be accompanied by an accounting of the estate of your loved one, and bond is usually required to be posted by you in an amount sufficient to protect the assets of your loved one's estate.

A hearing will be held at which time the Chancery Court will determine whether the evidence is sufficient to establish a conservatorship, and whether you should be given charge of the estate of your loved one or custody of your loved one or both. Once a conservatorship is established, you are vested with the same duties, powers, and responsibilities as conferred upon a guardian of a minor, including the duty to file annual accountings with the Chancery Court. Failure to file annual accountings as required is grounds for your removal as conservator of your loved one. It is within the Chancery Court's discretion to compensate you for your services and reasonable expenses incurred as conservator, including attorney's fees.

Conservatorships may be terminated only by (1) order of the Court when your loved one has been restored in mind or body, (2) upon the death of your loved one.

The attorneys at the Wilson Elder Law Center have the knowledge and experience to help families determine if a conservatorship is the appropriate option for their situation.