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Your next steps after filing for a Conservatorship

Your next steps after filing for a Conservatorship

We often help people file conservatorships for loved ones, which as you may know from this post. Today, we want to address the next steps after filing the petition, which is working with the Guardian ad Litem and attending the hearing on your petition. Hearings are usually held between 45 and 60 days after filing your petition.

The Guardian ad Litem is a special attorney appointed by the Court to answer two main questions.

1. Does the person you are trying to establish a conservatorship for really need someone to help them make and carry out decisions?

2. If so, who is the best person to serve as a conservator?

The Guardian ad Litem will file a report with the Court Clerk letting the Judge know what they think at least three days before the hearing.

On the hearing date, you should plan to attend court. If there are disagreements over whether a conservator is needed or who should serve, make arrangements to take the entire day off work or other obligations. Otherwise, your attorney will help you determine how much time to allow for your court hearing.

If the Guardian ad Litem has recommended a conservatorship for your loved one and that you should be appointed, the hearing will usually go quickly, with minimal testimony. Your attorney will make a statement about the case and the Guardian ad Litem will chime in with their opinion. You may be asked a few questions about your qualifications to serve, similar to the information that was in your petition.

The Judge will either sign an Order that your attorney has prepared before the hearing or agree that your attorney will submit one for signature. After the Judge signs the Order, your attorney will help you get Letters of Conservatorship, which we will address in a future blog post.

If you believe that someone you care about needs a conservatorship, please feel free to reach out to us by email or phone. If you believe a loved one is in need of a conservatorship, please reach out to our office by phone at (615) 846-6201, by email at april@galsnashville.com or you can schedule a complimentary call with us here!

What is the process of filing a conservatorship?

What is the process of filing a conservatorship?

Today, we are breaking down the process of filing a conservatorship. A conservatorship is the legal procedure used to obtain authority to make decisions for someone else who is unable to make or carry out decisions for themselves.

First, you will want to meet with and hire an attorney. Your attorney will collect lots of information about you and the person you are seeking a conservatorship for, such as addresses, family members, financial situations, etc.

Second, your attorney will help you prepare evidence for the eventual hearing. The most important piece of evidence in most conservatorship hearings is the Report of Physician. This is a notarized document signed by the person’s doctor that they are unable to make or carry out decisions on their own and a general overview of their medical condition. While you can file for conservatorship without the Report of Physician, it is not ideal.

Third, your attorney will prepare a petition and have you sign it in front of a notary. They will then file it with the Court Clerk, along with the Report of Physician if you have one completed.

Finally, once all your paperwork has been filed with the Clerk, your attorney will work with the Court to set a hearing date. You should be prepared to work with the Judge’s schedule in order to attend. Your attorney will let you know what you can expect at your hearing. Keep an eye out for an upcoming blog where we will address conservatorship hearings.

If you believe a loved one is in need of a conservatorship, please reach out to our office at (615) 846-6201 or you can schedule a complimentary call with us here!