iStock_000000624373Small-SeniorsWhen an individual becomes incapacitated and can no longer manage his or her affairs or take care of himself or herself, family members or other concerned individuals may ask the court to protect the incapacitated individual and appoint a conservator.

Although conservatorship can be uneventful and uncontested, in some cases, disputes arise among family members or other interested persons.

If an adult person is developmentally disabled, a limited conservator of the person and/or estate may be appointed only as necessary to promote and protect the well-being of the individual, must be designed to encourage the development of maximum self-reliance and independence of the individual, and must be ordered only to the extent necessitated by the individual’s proved mental and adaptive limitations.  A “developmental disability” is a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial handicap for the individual and includes intellectual disability, cerebral palsy, epilepsy, autism, and handicapping conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability, but does not include other handicaps that are solely physical in nature.

The Kiken Group, a Professional Corporation, can assist in the establishment of or disputes concerning a conservatorship, its administration, accounting, distribution, petitions for substituted judgment to create or modify estate planning or to modify ownership interests, and discharge of the conservator.