Call: 781.996.5656
781.996.5656
info@MBAKERLaw.com        COVID-19: Phone and Virtual Consultations Available
Baker Law Group P.C. – Estate PlanningBaker Law Group P.C. – Estate PlanningBaker Law Group P.C. – Estate PlanningBaker Law Group P.C. – Estate Planning
  • Home
  • Practice Areas
    • Estate Planning
      • Overview
      • Estate Planning Attorneys
      • High Net Worth Estates
      • Asset Protection
      • Durable Powers of Attorney
      • Homestead Declaration
      • Trust Types Explained
      • Retirement Accounts
      • Healthcare Proxy / Medical Directive
      • Living Wills
    • Elder Law
      • Overview
      • Asset Protection and Elder Law
      • Life Estate Deed
      • Masshealth / Medicaid
      • Long-Term Care / Nursing Home
      • VA Benefits
      • FAQS for Elder Law (MA)
      • Elder Law Attorneys
    • Trust, Will & Estate Administration
      • Overview
      • Estate Administration Wrongful Death
      • Federal Estate Tax
      • Probate Attorneys FAQ
    • Guardianship and Conservator
      • Guardianship Attorney
    • Premarital Agreements
    • Business Planning
      • Selecting a Business Structure
      • Business Asset Protection
      • Limited Liability Company (LLC)
    • Massachusetts Lottery Trusts
  • Baker Law Group
    • About Us
    • Attorney Profiles
  • Client Reviews
  • Blog
  • Media
  • Contact Us
  • 781-996-5656

Durable Power of Attorney – Avoiding Conservator Appointment

    Home Estate Planning Durable Power of Attorney – Avoiding Conservator Appointment
    NextPrevious
    Son with disabled father in wheelchair at park taking selfie with smart phone.

    Durable Power of Attorney – Avoiding Conservator Appointment

    By Michael Baker | Estate Planning, Financial Management, Long-Term Care, Retirement Planning | Comments are ClosedDecember 8, 2020 | 0

    Conservatorship is the process where a person is appointed by the probate court to handle another person’s finances. The court may take such action for the individual’s own protection and welfare if they are unable to manage their property, finances, or business affairs.

    When planning your estate, it is in your best interest to avoid a conservatorship because the process used to appoint a conservator can be complicated and expensive.

    One of the best tools you have at your disposal to help you avoid a conservatorship is durable power of attorney. A person with durable power of attorney is able to act on your behalf in financial matters, even if you are incapacitated.

    Conservatorship proceedings are only needed if you do not have anyone who’s already taken on the role of attorney-in-fact via a power of attorney document, or if your chosen agent/attorney-in-fact needed additional guidance from the court.

    What if I do not establish durable power of attorney?

    If you do not have a durable power of attorney, it may be necessary for a conservatorship proceeding to begin. In some circumstances, these proceedings can be complicated, expensive and cause drama among family members.

    Public Conservatorship Proceedings

    Conservatorship proceedings are public, which means issues related to your estate would become public knowledge to anyone who chooses to do a bit of research. And if you have relatives who decide to fight over who should take on the role, it could cause some significant disagreements and feuds within your family.

    Court Appointed Conservator

    The courts choose who will serve as conservator thus there is no guarantee they will choose the same person you think is the best person for the job. Only you can say who you think is best-suited to handle your estate. Courts will do their best with the information they have at their disposal, but they do not have the intimate knowledge of your estate, your friends, and your family.

    Family members can also take legal action to seek a conservatorship if they can provide the court with clear evidence that your chosen agent is not acting in your best interests.

    Additional Steps

    Keep in mind, appointing a conservator is only one step in the proceedings.

    The conservator will also need to post a bond, often at an additional cost. The bond effectively provides insurance if the conservator misuses or misappropriates any estate money.

    Additional steps include preparation of detailed financial reports about your estate, hiring an accountant or lawyer to assist with the process, and getting approval for certain types of transactions such as selling real estate or making investments.

    Avoiding Conservatorship

    Having someone to manage your property, finances, and business affairs on your behalf becomes much easier and cleaner if you create a durable power of attorney document while you are of sound mind. When doing so, it is also helpful to be open and honest with your power of attorney about your wishes.

    For more information about creating a durable power of attorney, contact an experienced estate planning lawyer at Baker Law Group.

    We offer an initial complimentary consultation.

    To schedule a consultation:

    Complete Online Form or

    781-996-5656 Call

    info@MBakerLaw.com Email

    Conservatorship, Power of Attorney

    Related Post

    • Avoid Probate with a Durable Power of Attorney

      By Michael Baker | Comments are Closed

      A Durable Power of Attorney is a legal document that allows you to choose an agent (or “attorney-in-fact”) who can act for you in certain financial matters. It is an important tool to add toRead more

    • Plan ahead for guardianship. Here, father and young daughter sitting on a wall looking at a park on a sunny day. Their backs are toward the camera. He is wearing blue and she is wearing pink. Their shoes are on the wall next to them.

      How To Avoid Guardianship and Conservatorship

      By Michael Baker | Comments are Closed

      Conservators aren’t just for Britney Spears—they’re court-appointed when an individual is mentally or physically incapacitated, or when a minor needs assistance managing their property. Conservators oversee finances while guardians oversee their ward’s personal care. InRead more

    • Man and woman student on college campus. Sitting on bench outside, wearing face masks and working on laptops

      Estate Planning Tips for Kids Heading Off to College

      By Michael Baker | Comments are Closed

      Simple Estate Planning for Students It is back-to-school season and many students have moved to college campuses for the very first time. For parents, having a child reaching legal adulthood, leaving home for the firstRead more

    • Grandfather Giving Granddaughter Ride On Shoulders As They Walk Through Sand Dunes With Grandmother

      The 5 Most Important Estate Planning Documents

      By Michael Baker | Comments are Closed

      If you are preparing to create an estate plan for the first time, it’s important to include all of the most essential estate planning documents and directives in your plan. Your attorney will guide youRead more

    • Senior man and woman in their home reviewing estate planning documents at a table

      Use a Revocable Trust to Avoid Court-Appointed Conservatorship

      By Michael Baker | Comments are Closed

      Conservatorship is a legal process where the Probate and Family Court grants authority to an individual to oversee the financial affairs of another. For example, this could benefit an elderly parent suffering from dementia, aRead more

    NextPrevious

    Schedule a Free Consultation

    • This field is for validation purposes and should be left unchanged.

    Recent Posts

    • Best 2021 New Year’s Resolution for Your Family
    • What to Know about Federal Estate Taxes
    • Why You Need More than a Will for Estate Planning
    • Durable Power of Attorney – Avoiding Conservator Appointment

    BLOG Article Categories:

    Explore Baker Law Group P.C.

    Estate Planning

    Elder Law

    Trusts, Wills and Estate Administration

    Guardianship and Conservator

    Premarital Agreements

    Business Planning

    Boston/South Shore Office

    72 Sharp St, Suite A5
    Hingham, Massachusetts 02043
    800-701-0352
     
    View Map/Directions
    Write a Review

    MetroWest/Boston Office

    841 Washington Street
    Holliston, Massachusetts 01746
    800-701-0352
     
    View Map/Directions
    Write a Review

    Southeastern MA Office

    130 Liberty Street, Suite 2A
    Brockton, Massachusetts 02301
    800-701-0352
     
    View Map/Directions
    Write a Review

    Plymouth/Cape Cod Office

    36 Cordage Park Circle, Suite 217
    Plymouth, Massachusetts 02360
    800-701-0352
     
    View Map/Directions
    Write a Review
    DISCLAIMER: Material presented on the this website is intended for information purposes only. It is not intended as professional advice and should not be construed as such. The services of a competent professional should be sought if legal or other specific assistance is required. Some links within this website may lead to other sites and Baker Law Group, P.C. does not necessarily sponsor, endorse or otherwise approve of the materials appearing in such sites.

    MBAKERLaw.com Copyright 2020 Baker Law Group Privacy Policy | Site by: BWG | All Rights Reserved
    • Home
    • Practice Areas
      • Estate Planning
        • Overview
        • Estate Planning Attorneys
        • High Net Worth Estates
        • Asset Protection
        • Durable Powers of Attorney
        • Homestead Declaration
        • Trust Types Explained
        • Retirement Accounts
        • Healthcare Proxy / Medical Directive
        • Living Wills
      • Elder Law
        • Overview
        • Asset Protection and Elder Law
        • Life Estate Deed
        • Masshealth / Medicaid
        • Long-Term Care / Nursing Home
        • VA Benefits
        • FAQS for Elder Law (MA)
        • Elder Law Attorneys
      • Trust, Will & Estate Administration
        • Overview
        • Estate Administration Wrongful Death
        • Federal Estate Tax
        • Probate Attorneys FAQ
      • Guardianship and Conservator
        • Guardianship Attorney
      • Premarital Agreements
      • Business Planning
        • Selecting a Business Structure
        • Business Asset Protection
        • Limited Liability Company (LLC)
      • Massachusetts Lottery Trusts
    • Baker Law Group
      • About Us
      • Attorney Profiles
    • Client Reviews
    • Blog
    • Media
    • Contact Us
    • 781-996-5656
    Baker Law Group P.C. – Estate Planning