Cambridge, Massachusetts, Conservatorship Lawyers

A conservatorship grants someone, either a family member or a trusted third party, the authority to take control of a person's financial affairs. The need for a conservatorship generally arises where the person is no longer able enough to make informed financial decisions or properly manage their finances. A conservatorship can either be voluntarily established by a person of sound mind, or created via court petition.

New laws in Massachusetts have made the conservatorship process much more difficult. In order to fully understand the procedure and the accompanying duties of a conservator, it is advisable to retain the services of an experienced attorney who can provide detailed advice and strong insight.

At Macero & Associates, P.C., we assist clients throughout Greater Boston with their estate planning and probate concerns, including the establishment of conservatorships. Please contact us for more information about getting started.

Establishing a Conservatorship

The process of setting up a conservatorship begins by filing a petition in probate court requesting that a judge appoint someone to manage the financial affairs of the "ward." All heirs of the estate are notified and given the opportunity to challenge the appointment. If no one challenges the appointment, the petitioner will be granted financial power over the ward's affairs.

It is advisable to appoint a family member as the conservator of your estate. However, if internal family conflict could create a dispute over managing your money, a professional conservatorship may make more sense.

Duties under the Conservatorship

Conservators have a fiduciary duty to operate in the best interests of the ward and are subject to extensive oversight by the courts. In general, they bear responsibility for:

• Identifying and collecting all financial assets
• Paying all of the ward's bills
• Handling purchases and investments
• Making annual accounting reports to the court
• Addressing tax reporting requirements

Termination of a Conservatorship

Conservatorships end upon the death of the ward. Any remaining financial assets are to be disbursed according to the wishes of your loved one's will or other estate planning vehicle. An experienced conservatorship attorney at Macero & Associates P.C. can help you explore sound options and make informed choices regarding all of your estate planning needs.

Representation for the Subjects of Conservatorship Proceedings

Are you the subject of a conservatorship proceeding? If so know your rights. Under the changes to the Conservatorship and Guardianship law, you are entitled to be represented at the proceedings whether to contest the petition or to provide input into the selection of the conservator. Know your rights and have your rights protected. At Macero and Associates, P.C. we are experienced with handling even the most difficult or contentious family situations. We know how important it is for every individual to be in control of his/her destiny and have his/her input into all decisions which have the potential to effect the quality of the individual's day to day experience and care. Let us help you make your wishes known and implemented.