What is the Process of Filing a Conservatorship?
Today, we are breaking down the process of filing a conservatorship. A conservatorship is a legal procedure used to obtain authority to make decisions for someone else who is unable to make or carry out decisions for themselves.
Step One: Hire an Attorney
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.
Step Two: Prepare Evidence
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.
Step Three: File a Petition
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 and the Report of Physician if you have completed one.
Step Four: Set a Hearing Date
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 details about what you can expect at your hearing. We’ve also written an article about what to expect at the petition hearing.
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 free 15-minute initial call with us here!
