I received conservatorship of my son in 2007 due to an auto accident he was in. He was 10 at the time. How long is this good for?
Letters usually do not state an expiration date. The conservatorship terminates when the minor turns 18, or upon order of the court. It can terminate administratively, if the conservator fails to comply with fiduciary requirements.
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Elder Law Attorney
Attorney Frederick is right on point. I would add that the fiduciary requirements include filing an accounting with the court on an annual basis and having them approved by the court. Additionally, the conservatorship could continue past 18 if your son is otherwise unable to manage his own financial affairs.
I have had success in the past setting up a trust for the ward through a conservatorship which allowed the parent to keep control over the money past the child's 18th birthday so they didn't blow it.
This answer is intended to provide legal information, not legal advice. Legal advice should be provided by licensed attorney only after full disclosure of all facts. If you desire a no-obligation consultation to obtain legal advice, please contact me at 586-268-4463.
Wills and Living Wills Lawyer
Unless the conservatorship was based on your son being a minor, they don't automatically exipire. If the conservatorship was because he was a minor, they will expire when he turns 18, 19, or 21, depending on state law. If the conservatorship was based upon mental incapacity, they do not automatically expire. However, it is not unusual for many organizations, especially banks and brokerage houses to request updated letters.
2 lawyers agree