Petition for Appointment of Conservator

Darren Findling of The Probate Pro discusses the process of a Petition for Appointment of Conservator.

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Legal Disclaimer:
This video is for educational purposes only and is not to be considered legal advice. The Probate Pro, PLC, QuietTitle.com and any other entities of The Darren Findling Law Firm, PLC do not claim to be an “expert” or “specialist” in their legal practice areas.

The Petition to Appoint Conservator. Hi, I’m Darren Findling of The Probate Pro and we're going to examine state court administrative order form pc639 SCAO form pc639 pc for probate court is the petition that can be used for both the establishment of a conservatorship as well as a protective order in a protective proceeding now with all of these SCAO forms they are created by various statutes and court rules as you can see from the arrow at the bottom right corner that's floating across your screen these particular statutes and court rules there's quite a few of them here for this particular form you should understand these statutes and court rules and we're going to try to give you a broad based understanding and perspective of when to use this particular form but again to really understand it got to read the statutes got to read the court rules and understand what the usefulness of this form is with the guidance of an attorney so to understand a conservatorship versus a guardianship is kind of step one to guard guardian that's to guard or to protect an individual for their care and well-being needs conserve conservator think of conserving money conservatorship is for financial and for legal now many people think of the word power of attorney and yes a power of attorney is an effective estate planning document that can be created when an individual is of sound mind but when they lack capacity and they're no longer able to generate or create a power of attorney a protective proceeding or conservatorship proceeding will be necessary to protect their financial assets for them to make legal decisions about lawsuits and otherwise and to handle any of their financial affairs so guardianship generally for care there are certain uh roles that a guardian can play relating to money but generally a guardian cannot manage money and a conservator relates to money and financial affairs and legal affairs but not for care they can be the same person performing both roles you can have a guardian without a conservator a conservator without a guardian and you can have two different people performing those various fiduciary roles now a protective order is not a conservatorship a protective order is an order that specifically addresses a particular financial issue of an individual a conservatorship is an ongoing proceeding that will remain in effect until such time as a court order terminates or ends that conservatorship so let's walk our way through the form in the top left corner you'd identify the county in which that individual is a resident the individual upon which you're seeking protection top right corner it has a blue rectangle but there's nothing you put here because the case number is going to be assigned when you file this with the court and pay the requisite filing fee they'll assign a case number to this particular matter so at the onset when you're filling out the form don't put anything there in the red rectangle where it says conservator or protective order you have to decide are you seeking a conservatorship for ongoing administration or a protective order for a particular event at the top you'll see the estate of now this is the individual upon which you're seeking protection it may be an adult who is in need of protection and it may be that a minor is coming into assets from an inheritance or a settlement of a cause of action or they're receiving money for some reason that needs the court's protection the last four digits of the social security number are provided there if you see where it says b with a little circle we're going to go through alphabetically kind of these steps you identify the person who's filing the petition and just like with a guardianship the statute provides that anyone interested in the well-being or of that individual can file and be the petitioner for purposes of the conservatorship and then you identify the relationship you have as the petitioner to the individual upon which