Mississippi Family Law Attorneys

CONSERVATORSHIPS

A conservatorship is similar to a guardianship in that it involves the appointment
of a third person to take care of another person or the person’s estate. Conservatorships may be used to assist people who because of advanced age, physical incapacity, or mental weakness are incapable of taking care of themselves
or their property. There is no requirement, however, that the person subject to the conservatorship be found to be “non compos mentis.” Therefore, there is less of a negative stigma attached to conservatorships.

When deciding whether a conservatorship should be established, the court
considers the person’s ability to manage his affairs, his improvident dispositions, dissipation of property, susceptibility to influence, deception by others, and other similar factors.

To avoid the cost and trouble of establishing a conservatorship, we recommend clients execute a Durable Power of Attorney appointing a trusted friend or relative
to take care of his affairs if the client becomes unable to do so himself. We also recommend an Advance Health Care Directive which acts as a Health Care Power
of Attorney and a Living Will. In this one document, the client can designate who he wants to make medical decisions for him if he is incapable of making the decisions himself and may state his preferences concerning medical care including end-of-life decisions. We encourage clients to execute those documents sooner rather than
later because if one waits until he needs the documents, it may be too late.