Are there certain standards that a conservator must uphold?
Full Question:
Is there a standard for a person to be a conservator? Example:a person can not manage their own affairs, they quit their job after 18 years no income, forclosure on their home, has several mental breakdowns, files for mental disability and tries to continue their lively hood under Ward income. Can this person continue to be a conservator?
11/22/2007 |
Category: Conservatorship |
State: Alabama |
#12724
Answer:
The following is an Alabama statute:
§ 26-2A-138. Who may be appointed conservator; priorities.
(a) The court may appoint an individual or a corporation with
general power to serve as trustee or conservator of the estate of
a protected person. The following are entitled to consideration
for appointment in the order listed:
(1) A conservator, guardian of property, or other like
fiduciary appointed or recognized by an appropriate court of
any other jurisdiction in which the protected person resides;
(2) An individual or corporation nominated by the protected
person who is 14 or more years of age and of sufficient mental
capacity to make an intelligent choice;
(3) An attorney-in-fact under a valid durable power of
attorney previously executed by the protected person and giving
the attorney-in-fact reasonably broad powers over the property
of the protected person;
(4) The spouse of the protected person, or a person nominated
by the will of a deceased spouse to whom the protected person
was married at the decedent's death and the protected person
has not remarried;
(5) An adult child of the protected person;
(6) A parent of the protected person, or a person nominated
by the will of a deceased parent;
(7) Any relative of the protected person who has resided with
the protected person for more than six months before the filing
of the petition;
(8) A person nominated by one who is caring for or paying
benefits to the protected person; and
(9) A general guardian or sheriff for the county who must be
appointed and act as conservator when no other fit person
applies for appointment and qualifies.
(b) A person in priorities (1), (4), (5), (6), or (7) may
designate in writing a substitute to serve instead and thereby
transfer the priority to the substitute. With respect to persons
having equal priority, the court shall select the one it deems
best suited to serve. The court, acting in the best interest of
the protected person, may pass over a person having priority and
appoint a person having a lower priority or no priority.
