Elder Law Lawyer Abingdon, VA

Elder Law Lawyer Abingdon, VAWhen someone is no longer able to take care of themselves or their finances, the court may appoint a conservator to manage their affairs. If that person had a signed durable power of attorney for health care and finances already in place, that individual will not need the court-appointed conservator because the person listed in the power of attorney will automatically assume those responsibilities. It’s important to understand what your estate planning documents (and/or the estate planning documents of your elderly loved ones) provide for, so that you aren’t surprised in the event that this kind of transition becomes necessary. Working with an experienced Abingdon, VA estate planning lawyer from The Law Offices of Mark T. Hurt can help to ensure that every transition of this type is intentional and in the best interests of the individual most directly affected by it.

If there is no power of attorney in place, then loved ones must go to court in order to select a guardian or conservator. An Abingdon, Virginia elder law lawyer with experience in conservatorships can answer any questions and work on your behalf to see that the best-suited person is entrusted with the responsibilities that go along with being a conservator.

There are two types of conservatorships:

Conservator of the estate — This person will be in charge of the financials. 

Conservator of the person — This person is charged with handling all medical and personal decisions.

One person can be selected to manage both types of conservatorships. Some people may need just one type of conservatorship, while someone suffering from Alzheimer’s, in a coma, or other very serious illness will be appointed conservatorships for both.

In all best case scenarios, the person in need of assistance has planned ahead and worked with an Abingdon, VA elder law lawyer to create a durable power of attorney so that if they are unable to care for themselves in any way, this document is activated and the person listed takes over the care of the incapacitated individual instead of a conservator appointed by the court. When possible, conservatorships should generally be avoided in favor of self-selected power of attorney arrangements. Why?

  • Conservatorships can be costly and are very time-consuming. It will necessitate the use of an attorney on an ongoing basis and may involve several court hearings.  There is a lot of paperwork involved a the conservator needs to keep organized records and routinely file papers in court.
  • Conservators are paid from the conservatee’s assets which could get very costly.
  • Any paperwork filed in court or proceedings become public record and available for anyone to see.
  • A bond must be posted by the conservator in charge of finances to protect the estate of the conservatee from being mishandled. This premium is expensive and paid for out of the assets of the conservatee.
  • In order to protect the assets of the conservatee, the court supervises the work of the conservator. The conservator is required to submit reports documenting all their activity. In addition, before making major financial or health-related decisions, the conservator must request permission from the court.

What Happens if a Conservator Abuses Their Power

Even with all the safeguards with the court in place, there are instances where the conservator makes inappropriate decisions regarding the health of the conservatee or mismanages their assets. Every state has procedures in place to help prevent these things from happening, however, few states have the means available to observe the conservators or take action if they suspect foul play.

How Does a Conservatorship End?

The court has to issue an order that ends the conservatorship. Common reasons for this termination include:

  • Death of the conservatee
  • Conservatee doesn’t need the assistance of a conservator
  • The conservatee no longer has any assets and does not need a financial conservatorship
  • Someone else takes over the duties because the original conservator resigns

If you have questions concerning conservatorships, please don’t hesitate to connect with an Abingdon, VA elder law lawyer today.

What Our Clients Say

Mary, Bart, and Mark helped me tremendously with my workers compensation case. We navigated a long (over a year) road together and they helped me to not only win my case, but obtain a settlement of over $125k. I would recommend the Offices of Mark Hurt to anyone needing someone to stand with them in their corner! Thanks again Mary and Bart!! :-)
Charles Dutcher
Charles Dutcher
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Extremely pleased with the prompt support and guidance from Michael. He and the office staff were great to work with. They walked us through the process and were able to have my daughter's traffic violation dismissed with 0 points.
ga thomson
ga thomson
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Bart and Mary were very professional and helpful with my claim. I appreciate all that you did for me. You were great.Thanks forall that you've done.Clifford E Boyer
Clifford Boyer
Clifford Boyer
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I started receiving services through this law firm in 2017 for my workers compensation case. Over the years, this firm has been attentive, kind, patient and understanding to my needs. My calls were returned promptly, if the associate was unavailable at that time and I have had ample opportunity to speak with Mr Hurt directly concerning my case. With Mary Wilson, Bart Conway, Mr Hurt and others behind the scene, my case has progressed smoothly. I am very pleased with the services and attention I received at this firm and would recommend Mr Hurt, Mary and Bart for your needs.
Teresa Harris
Teresa Harris
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We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.
K F
K F
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We were fortunate to find the Law Offices of Mark T. Hunt to help us set up our estate. Melanie was a joy to work with. She did a wonderful job putting together all of the documents needed to complete our estate planning.
Roxanne Mcfall
Roxanne Mcfall
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The office got right back to me and were compassionate about my sensitive situation
polly deal
polly deal
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Jessica was helpful in assisting me with my disability claim!
Amber Snapp
Amber Snapp
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Jessica was super helpful when I had questions about submitting my claim for disability. She also got me a case manager quickly!
Amber Petrovich
Amber Petrovich
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I have only praise for the Mark T Hurt firm and especially Michael Miles. Michael was very helpful in guiding me through the court process ans assuring a good outcome. I would recommend this firm and Michael in particular if you need representation in Virginia!
Dave Dalpiaz
Dave Dalpiaz
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I called and spoke with Jessica in the Disability Dept. after my Denial and she was right on top of getting me the paperwork to Hire them as my Representatives to Handle my claim from here on out
Allen Smith
Allen Smith
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Jessica was extremely helpful at assisting me with getting me in the process to file my disability case.
Jason Harris
Jason Harris
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Thank youJessica from the Social security DeptU were very Helpful
Christal Postema
Christal Postema
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Jessica in theSoccial Secuity Dept was great
Bryon Nimmo
Bryon Nimmo
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I spoke with Jessica and she was fantastic! She helped me get my social security disability application started and set up with a case manager.
Rebecca Hunt Ford
Rebecca Hunt Ford
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Jessica @ Social Security Department was very helpful and friendly with us today.
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Winonia Blankenship
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I had a ticket and was upset. I did not want points on my license. Frankie was amazing and made sure all my bases were covered. The Law Office of Mark Hurt did a wonderful job and got my ticket completely dismissed!!!! I am so glad they helped me. They were so nice and answered all my questions. I never had to worry after I talked with them. I would highly recommend that anyone who needs help with a ticket to talk with this firm!! Thank you so much for everything!!!
Nichloas Wyatt
Nichloas Wyatt
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Jessica in Disability is awesome!! She replies quickly and gets things done. I’m very satisfied with my choice and feel great that it is in their hands!
laura dykes
laura dykes
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The individuals I spoke with were courteous, helpful, and thorough. Thank you Jessica.
RoseMarie Whisnant
RoseMarie Whisnant
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Jessica and the disability dept are very helpful and give excellent assistance with filling a claim very glad I contacted them
Jessie Hawks
Jessie Hawks
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Was very easy process. Jessica was very friendly and helpful while applying for Social Security Disability.
Darlene Robinson
Darlene Robinson
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Thank you so much Jessica for helping me with my social security disability case! You were kind, helpful, and understanding. I greatly appreciate you!
Kelly Bragg
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Jessica and the group started helping me with my disability case the same day I called. 10/10 recommend
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