Are You Dealing with an Absentee Situation and Need to Manage Their Estate?
Estate planning is much more than just wills and trusts. It also includes planning for unlikely circumstances, such as if you or a loved one disappears or is absent for some reason. This is where conservatorship comes in.
At the Law Office of Andrew G. Rosenberg, P.A., we understand how important it is to protect an absentee’s rights and interests and manage their affairs appropriately. Our experienced conservatorship lawyers in Coral Springs, FL, are familiar with the unique challenges that can arise and can help guide you through this complex process.
So, if you need help with conservatorship matters, don’t wait. Schedule a consultation with our Coral Springs conservatorship attorney today.
Who is an Absentee in a Conservatorship Arrangement in Florida?
Conservatorship is a legal arrangement defined under Florida Statute § 747.035, which outlines the rights, powers, and duties of a conservator appointed by the court for an absentee.
An absentee, as defined under Florida Statute § 747.01, is someone who is:
- Working in the armed forces, with the Red Cross, or with Merchant Marine operations, and is reported as missing in action, interned in a neutral country, besieged, beleaguered, or captured by the enemy.
- A resident of Florida or a property owner who disappears under circumstances that indicate they could have died (naturally, accidentally, or by another person).
- Disappeared due to amnesia, mental derangement, or other psychological cause.
Under a conservatorship arrangement, the court will appoint a conservator to take charge of the absentee’s estate and use their legal authority to make decisions on the absentee’s behalf.
Our Coral Springs conservatorship lawyers understand the laws and regulations associated with Florida conservatorship and can help establish a conservatorship for an absentee. We will work with you to understand the legal requirements and ensure you receive the court orders necessary to protect your loved one’s rights and interests. Contact us today.
What is the Process of Appointing a Conservator in Florida?
The process of establishing a conservatorship in the state of Florida involves several steps. First, you must file a petition as outlined in Florida Statute § 747.03. This petition must include the name of the absentee, a description of the property and assets they own, and other relevant information.
Once the petition is filed with the court, a hearing will typically be scheduled to determine the absentee’s status and who is entitled to act as conservator of their estate. During this hearing, the court may appoint a guardian ad litem for the absentee and hear evidence from interested parties.
Once the court is satisfied that a conservatorship should be established, it will appoint a conservator to manage the absentee’s estate. The conservator can then use their legal authority to make decisions on behalf of the absentee and oversee their financial affairs per Florida law.
If you want to establish a conservatorship for an absentee in Florida, our Coral Springs conservatorship lawyer can provide the legal guidance and assistance you need.
Contact us to schedule a consultation today.
Who Can Be Appointed as a Conservator?
In Florida, any competent adult can be appointed as a conservator. This includes family members, friends, or a professional conservator (such as an attorney). However, the court gives special consideration to appointing one of the absentee’s next of kin if they are fit and qualified to carry out the duties.
Florida law allows both voluntary and involuntary conservatorships. The absentee initiates a voluntary conservatorship where they designate someone to take legal responsibility for their estate affairs. An involuntary conservatorship is established by a court order to protect the welfare of an absentee who cannot manage their affairs.
Our experienced conservatorship lawyers can help you understand your rights and obligations when establishing a conservatorship for an individual. We will provide customized legal services tailored to your unique situation, so contact us today.
Is Guardianship and Conservatorship the Same Thing?
No. Although they are often confused, guardianship and conservatorship are two distinct legal proceedings in Florida. Guardianship is a legal process used to appoint someone to care for an individual’s personal needs. This includes managing their medical, living, and educational decisions. Conversely, a conservatorship is a legal process used to manage an absentee’s estate and financial affairs.
Both proceedings are complicated legal matters that require a knowledgeable lawyer with experience in estate planning. Our conservatorship lawyers in Coral Springs, Florida, can help you understand the differences between guardianship and conservatorship and advise you on the best course of action for your particular case. We are dedicated to helping you protect the interests of your loved one during this challenging process.
Contact us today to discuss your situation.
What are the Responsibilities of a Conservator?
Under Florida Statute § 747.035, conservators have the same powers, rights, and duties as guardians of an estate. This includes the management of investments, real estate, and other property owned by the absentee, as well as the filing of tax returns and other documents necessary to manage said property.
Conservators must keep accurate records of all receipts, disbursements, assets, and liabilities of the absentee’s estate during their tenure. Furthermore, conservators are required to send a report to the court at least once a year with an accounting of all transactions made.
It is important to note that conservators are held to a high standard of care. They must manage the assets of the absentee only in their best interests and not for their own financial gain. Therefore, it is essential to appoint an experienced and competent conservator lawyer in Florida who can help ensure that all legal requirements are met.
Our conservatorship lawyers can provide the legal advice and guidance you need to ensure all duties are fulfilled correctly. We have decades of experience helping families navigate the complicated process of establishing a conservatorship, and we look forward to assisting you.
Contact us today for more information.
On What Grounds Can a Conservatorship Be Terminated?
A conservatorship can be terminated by court order or as provided in Florida Statute § 747.04. The court may terminate the conservatorship upon the death of the absentee or if an executor or administrator of the estate has been appointed.
Additionally, a conservatorship may be terminated by petition from either the absentee or an attorney acting on their behalf with adequate power of attorney. Upon such petition, the court shall direct the termination of the conservatorship and transfer all the property held under it to either the absentee or their designated attorney.
Our experienced Coral Springs conservatorship lawyers can help you understand the process of termination of conservatorship and assist with filing any necessary paperwork. We strive to ensure a smooth transition for our clients throughout this difficult time, so contact us today to learn more about our services.
Why Choose Our Coral Springs Conservatorship Lawyer?
Like any legal process, establishing a conservatorship can be complex and overwhelming. That’s why it is essential to work with an experienced attorney who can help you navigate the complexities of the law. Here are a few reasons why you should choose our Coral Springs conservatorship attorney in Florida:
- We are current on the latest laws and regulations related to conservatorship in Florida.
- We offer personalized services to each client, tailoring our advice and guidance to meet their needs.
- We have extensive experience handling conservatorship cases and can provide informed counsel to help you make the best choices for your specific situation.
- We are committed to helping our clients through every step of the process, from filing the initial paperwork to overseeing the property transfer upon the conservatorship’s termination.
Whether you need assistance setting up a conservatorship or have questions about the termination process, our conservatorship lawyer in Florida can help.
Contact us today for more information on how we can assist you.
Talk to Our Conservatorship Lawyer in Coral Springs, Florida, Today!
As overwhelming as living with an “absent” family member is, establishing a conservatorship is often the best course of action. It helps to ensure that their assets are appropriately managed and preserved with their best interests in mind.
If you need help setting up a conservatorship or would like more information about the process, our experienced conservatorship lawyers can provide knowledgeable counsel and guidance. We have helped several clients across Florida carry out various kinds of conservatorship proceedings and are dedicated to finding fair and advantageous solutions for them.
Our team is committed to providing personalized services that meet the unique needs of each case, from filing the required paperwork and documents to preparing for conservatorship hearings. We are also here to help with any questions or concerns you may have.
Don’t hesitate to contact us for assistance with your conservatorship needs in Florida. Our Coral Springs conservatorship attorneys are here to help you protect the interests of both yourself and the absentee.