Know that conservatorships don’t always last forever

| Nov 25, 2020 | Uncategorized

If you have a physical impairment, then Ohio law may allow you to apply for a conservatorship. While many tend to think of this as a permanent type of relationship, it’s not. Both applicants and prospective conservators must attend hearings before the establishment of conservatorship and to terminate it. 

A conservator is a voluntary position supervised by a probate judge. The person appointed to this role by the court may take charge of an applicant’s person, estate or both of these matters. Conservators generally put up a bond before their appointment to such a role. 

What is a conservatorship?

Individuals who apply for a conservatorship may have physical disabilities yet be fully mentally competent. An applicant generally selects a conservator to assist them in the making regarding their assets or care. A conservatee can rely on the probate judge presiding over their legal matter to hold the conservator accountable for their actions. 

How long does conservatorship remain in effect?

The establishment of a conservatorship isn’t automatic. An applicant must identify and submit a prospective conservator to the probate court in the Ohio county in which they reside for consideration. The clerk will schedule a hearing at which the judge will determine if you, as the applicant, indeed have a physical impairment, yet not a mental one. They’ll want a doctor from your letter confirming this. They’ll also want to see proof that your selected conservator understands their fiduciary duties and is otherwise appropriate for the role. They’ll need to submit to a background check as part of this process.

How can you end a conservatorship?

Conservatorships don’t always last forever. They automatically come to an end when the conservator resigns their role unless the conservatee appoints someone to replace them. A conservatorship may also end when the conservatee passes away. A conservatee can also petition a judge to terminate the conservatorship in writing, as well.

Your Ohio conservator has a fiduciary duty to you to make choices in your best interests — not theirs. You may feel that it’s the right time to remove them from their role if your values no longer align. A guardianship & conservatorship attorney can help you compile the necessary information and argue your case for removing your conservator.

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