When an adult is incapable of making decisions about their own life, a conservatorship can be a way to help them. A conservator takes responsibility for the conservatee's personal life and/or finances, making sure the conservatee is taken care of.
In Britney Spears' case, her father and a lawyer were named her conservators in 2008 after her very public breakdown. They controlled both the personal and financial aspects of Britney's life until 2019, when the lawyer stepped down and Britney's dad temporarily relinquished his conservatorship over her personal life to a "care manager."
It's back in the news now because this arrangement is temporary, set to expire on Aug. 22, 2020. A judge might renew it, but some fans are convinced Britney wants out of the conservatorship entirely, going as far as trending "#FreeBritney" in an effort to show support for the Princess of Pop. Here's hoping it all works out for the best.
Conservatorship is a legal concept in the United States. A guardian or a protector is appointed by a judge to manage the financial affairs and/or daily life of another due to physical or mental limitations, or old age.
This term when used legally refers to a person appointed by the court to have control over the financescand/or health care of persons mentally incapable of taking care of themselves. It is a fiduciary position overseen by the Courts as there is a loss of control once the appointment is made. The conservator is typically a family member, but does not have to be. Many places also have a public official that fills this role for persons who do not have anyone willing to serve as a conservator.
Conservatorship is a legal concept in the United States. A guardian or a protector is appointed by a judge to manage the financial affairs and/or daily life of another due to physical or mental limitations, or old age and thats it
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A conservatorship is granted by a court. It will override a power of attorney.
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No. it's not necessary.
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Depends on the laws where you are and the arrangement with the uncle.
Check with your States Laws on Conservatorship as opposed to Legal Guardian.
Some civil rights remain with the person under a Conservatorship. However, all but very few basic civil rights are given to the general Conservator. A person under conservatorship retains those civil or constitutional rights not specifically given away by the court. The person under a Conservatorship retains such rights as the ability to hire an attorney to challenge the Conservatorship or seek redress and the power to release medical records,There are different sub-types of conservatorships in different jurisdictions. Generally, a Conservator of a persons estate is responsible for handling the financial affairs of the principal. A Conservator of the person is appointed to make decisions about personal physical needs such as residence, clothing, health needs, food, admission to a nursing home, etc. The civil rights retained by the principal may vary under the various types of Conservatorships.
Of course not. A conservatorship is allowed by a court. No one but the court has the right to "take it away" from the conservator. The step-children can petition to have the conservator removed and replaced. It will be up to a judge to decide. You should consult with an attorney who can review your situation and explain your options.
That is going to be a complicated issue. You will need the help of an attorney in your state or other jurisdiction who understands the family law in your area.
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You have to file in court for a guardianship or a conservatorship. You have to prove that they are mentally unfit to control their money.