My mother, who is 93, suffers from dementia. Currently, my brother, who lives in another country, has Power of Attorney and handles our mother’s bills from her limited income. The actual care giving falls largely to me because I live very close to my mother’s residence and am in daily contact with her. What procedures are necessary for me to acquire conservatorship (or guardianship) for my mother’s daily care? Is being a conservator normally an appointment by a court? Can this be done through legal forms filed with a court? What does obtaining conservatorship usually cost?

The conservatorship is started by an interested party filing a petition with the probate court asking for the appointment of a conservator. The screening process requires notice to the incapacitated person, who must be represented by court-appointed counsel. The incapacitated person is often evaluated by a medical professional to determine whether the potential conservatee’s level of mental impairment, if any. If the incapacitated person objects, he has the right to a jury trial before being placed under a conservatorship.

If a conservatorship is shown to be needed, the court will issue an order appointing an individual conservator. The appointed conservator then obtains Letters of Conservatorship which gives the conservator the legal authority to manage the conservatee’s affairs.

The appointment process usually takes more than a month and sometimes longer. If there is a pending emergency, the process may be expedited, but the petitioning party is required to show good cause justifying the emergency appointment.

I suggest calling the local clerk of courts, as procedures and fees vary by court. Based on the information provided, or nature of the matter, we are unable to assist over the Internet. It would probably be best that you consult a local attorney for assistance with this, who can review all the documents and facts involved.