Conservatorship

Divorce Lawyer

Recently reported in the news, Britney Spears appeared before a California court to attend a hearing pertaining to her ongoing conservatorship that has allowed her father to preside over all of her financial, medical, and estate decisions. Whether the conservatorship should continue has long been in the question as many fans of Britney claim this conservatorship has repressed the superstar from living an independent life. As a result, many of her fans have speculated that Britney is looking to end the conversatorship that she has been in for more than a decade. In Texas, a conservatorship is implemented as a means to protect the stability and well-being of an individual, with the conservator always keeping the best interest of that person in mind.

At the heart of conservatorship is the right to make decisions and more specifically, who reserves that right. The actual definition consists of a legal process in which the court grants an individual the authority to manage another person’s estate and financial decisions. In the state of Texas, a conservatorship can arise to protect either a child, an elderly individual, or an incapacitated person. If placed in a conservator role you can expect to pay bills, file taxes, make medical decisions, and be in charge of the overall upkeep of affairs. Determining when a conservatorship is right for an individual can be tricky. So, when may a conservatorship be necessary for you? Here are just two of the most common situations where a conservatorship for an adult may be necessary:

  1. If an individual becomes incapacitated due to a progression in age and as a result the individual is unable to manage their affairs properly and independently.
  2. If an individual is affected by a physical or mental disability that prevents them from having the ability to function properly or effectively handle their affairs. 

You may file a petition for conservatorship in a court where the individual will be residing or where his or her property is. Once the petition is filled, you may be given a notice to appear in court for a hearing. 

Conservatorship for a Child

Although conservatorships can result in situations where adults are the main subject, it can also refer to situations where children are at the center of the conversation. In Texas, the term “custody” is legally referred to as conservatorship and is most often contemplated during a divorce. There are two types of conservatorship for a child — sole managing or joint managing. The parent who is awarded sole managing conservatorship is legally bestowed the sole right to make all legal decisions. In some cases where custody of a child is shared, the other parent may be authorized to make legal decisions when the child is in their custody. The other form of conservatorship is referred to as joint managing conservatorship. This form of conservatorship  arises when parents share legal custody of a child. Joint managing conservatorship designates that both parents in the eyes of the law share the legal plight of making decisions and performing parental duties. 

To determine if a conservatorship may be right for you, contact a skilled family lawyer, like a family lawyer in Arlington, TX, today. 

 


 

Thanks to Brandy Austin Law Firm, PLLC for their insight into conservatorship. 

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