Legal Petition for Conservator

Legal Petition for Conservator

Petitioner: of hereby petitions this Court on behalf of the Proposed Protected Person: Name: , DOB: , Current residence: . Petitioner requests the appointment of a conservator for the Proposed Protected Person and states the following.

Court / Jurisdiction: — Case Number:

RECITALS

WHEREAS, the Proposed Protected Person named above is an adult who is alleged to lack sufficient capacity to receive and evaluate information effectively, to make or communicate decisions, or to manage property and financial affairs; and

WHEREAS, Petitioner alleges based on personal observation, medical evaluation, and other evidence that the Proposed Protected Person suffers from conditions that substantially impair the ability to manage personal needs or financial affairs, thereby necessitating limited or full conservatorship for protection of the person and/or estate; and

WHEREAS, Petitioner nominates the Proposed Conservator identified herein and seeks the Court's authorization to appoint that person to act in the best interest of the Proposed Protected Person.

NOW, THEREFORE

Petitioner respectfully petitions the Court to appoint a conservator for the Proposed Protected Person and to grant the conservator the authorities and duties described below.

1. JURISDICTION

The Court has jurisdiction under the laws of the State in which this petition is filed. Petitioner alleges that the Proposed Protected Person resides within this Court's territorial jurisdiction and that appointment of a conservator is necessary and proper under applicable statute.

2. PARTIES

Proposed Conservator: , Relationship to Proposed Protected Person: , Address: .

Proposed Conservator Type: Individual Professional fiduciary Public guardian

3. ALLEGATIONS OF INCAPACITY

Petitioner alleges the following facts showing incapacity (state specific observations, diagnoses, functional limitations, and recent incidents evidencing incapacity):

Medical evaluation provided by: , Date of examination: . Medical report attached: Yes

4. CONSERVATORSHIP REQUESTED

Petitioner requests appointment of a conservator with authority over the person, the estate, or both as indicated below. Petitioner proposes the conservator be authorized to exercise the following powers as limited by the Court:

Powers requested (check all that apply):

5. BOND, INVENTORY, AND ACCOUNTING

Petitioner requests that the Court set bond in the amount of $ unless waived for good cause shown. Conservator shall file an inventory and periodic accountings as required by law and Court order.

6. NOTICE AND HEARING

Petitioner requests that all required notice be given to the Proposed Protected Person, next of kin, and other interested persons, and that the Court schedule a hearing to determine whether conservatorship is necessary. Petitioner will provide proof of service as required by the Court.

7. ATTORNEY / GUARDIAN AD LITEM

Attorney for Petitioner (if any): , Bar Number: , Address: .

Petitioner requests appointment of a guardian ad litem or court visitor if required to ensure the Proposed Protected Person's rights are protected.

8. REPORTS, DUTIES, AND COMPENSATION

Conservator shall perform the duties imposed by statute and Court order, including but not limited to: prudently managing the estate, keeping accurate records, filing inventories and periodic accountings, cooperating with the Court and counsel, and acting solely in the best interest of the Protected Person. Conservator compensation shall be fixed by the Court upon application and in accordance with statutory standards.

9. REMEDIES AND ENFORCEMENT

Petitioner requests that the Court retain jurisdiction to enforce the terms of the conservatorship, to hear petitions for removal or surcharge, and to grant such other relief as the Court deems necessary to protect the person and estate.

10. GOVERNING LAW

This Petition shall be governed by the laws and rules of procedure of the State in which it is filed. Any construction of this Petition shall be consistent with statutory provisions concerning conservatorship, fiduciary duties, and due process.

11. ENTIRE AGREEMENT

This Petition, and any order entered by the Court granting relief requested herein, constitute the complete statement of the matters presented to the Court by Petitioner in this proceeding and supersede any inconsistent oral statements made prior to filing.

12. SEVERABILITY

If any provision of this Petition is held invalid or unenforceable, such invalidity shall not affect other provisions that can be given effect without the invalid provision, and to this end the provisions are severable.

13. NOTICES

14. AMENDMENTS AND WAIVER

This Petition may be amended by written filing with the Court. No waiver of any provision hereof shall be effective unless in writing and signed by the party waiving the provision and approved by the Court if required.

15. COUNTERPARTS

This Petition may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument.

WHEREFORE, Petitioner prays that the Court:

1. Set this matter for hearing and provide all required notice;
2. Appoint the Proposed Conservator named above as conservator of the person and/or estate as requested;
3. Fix bond and order inventories and accountings as required by law; and
4. Grant such further relief as the Court deems just and proper to protect the rights and property of the Proposed Protected Person.

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