If someone you love becomes ill and can no longer take care of themselves, the courts may appoint a conservator. This person has the authority to make decisions on that person’s behalf.
This legal tool can provide reassurance that a vulnerable person is not responsible for his or her financial, medical and other decisions. However, there are times when people are more interested in terminating a conservatorship.
Reasons to terminate a conservatorship
Two events can lead to termination of a conservatorship of an incapacitated adult.
- The protected person passes away.
- The protected person’s condition improves, and conservatorship is no longer necessary.
There are generally few (if any) conflicts that arise with regard to the first event. However, disputes can arise when parties disagree on whether a party’s condition has improved.
Such can be the case when the person suffered from complicated mental illnesses. Unlike something like a broken bone, mental illness can be difficult to diagnose and understand how it affects a person’s capacity.
One other scenario that may lead to arguments is when parties seek to terminate conservatorship because of alleged conservator abuse or misconduct. To complicate matters, a protected person can face obstacles when making an argument for termination, as the courts have determined the person incapable of making legal decisions for themselves.
What the process to terminate conservatorship entails
The protected party, the conservator and other interested parties can request that the courts terminate a conservatorship.
Parties wishing to end a conservatorship will need to file paperwork with the court. Documents supporting the reason for termination should accompany the petition.
The courts will weigh the information presented and decide whether termination is appropriate or not.
Understanding your rights
Whether the courts have appointed you as a conservator or you are a protected person wishing to terminate a conservatorship and regain control for critical matters in your life, you have rights that deserve protection.
Conservatorships can be valuable, protective tools. However, due to the nature of this role, complications and disputes can arise. Any person with concerns about conservatorships can consult an attorney to discuss their legal options.