There are two situations in which your family in Florida may seek the appointment of a conservator for a relation. You may have an elderly family member with a serious health issue, such as dementia, that has led to his or her incapacitation, or you may have an adult child or sibling who is unable to take care of himself or herself due to physical or mental disability. In either case, to appoint a conservator, you may need to go through a lengthy legal process that involves filling out forms and submitting them to the probate court.
Because every conservatee’s situation is unique, there are several different types of conservatorships available. Before you seek a conservatorship for a family member from the court, it may be helpful to understand how each type differs from the others.
According to First Republic Investment Management, there is a difference between a conservator of the estate and a conservator of the person. The former’s responsibilities relate primarily, and almost solely, to managing the conservatee’s financial affairs. On the other hand, the role of a conservator of the person is to provide for the conservatee’s daily care. To that end, the conservator may have access to confidential documents like medical records and have permission to open and read the conservatee’s mail. Decisions as to where the conservatee lives or whom he or she sees socially may fall to the conservator of the person.
When required, the court may appoint one person to serve as conservator of the person and another as a conservator of the estate. However, it is also an option to appoint one person to serve in both capacities at the same time.
The information in this article is not intended as legal advice but provided for educational purposes only.
