Call Today for a Consultation

Toll Free: 888-225-9567 | Phone: 850-502-2047

Toll Free: 888-225-9567
Phone: 850-502-2047

Providing Legal Guidance And
Peace Of Mind To Families

  1. Home
  2.  » 
  3. Guardianships
  4.  » What’s the cost of guardianship or conservatorship?

What’s the cost of guardianship or conservatorship?

On Behalf of | Jun 17, 2022 | Guardianships

When individuals are mentally incapacitated and unable to take care of themselves, courts will appoint a guardian or conservators. The process usually starts with a concerned family member or friend petitioning the court to act on an individual’s behalf. Britney Spears was the most high-profile case in recent memory. Guardianship and conservatorship proceedings can be costly before the case moves forward. A person may need a bond before the courts appoint them in Florida. Expenses during the legal arrangement may include assisted living, nursing home, home care, food, rent, repairs, home maintenance or medical care.

What’s the differences between guardians and conservators?

Guardianships and conservatorships are two separate court arrangements. A guardian oversees personal issues for the ward, but their expenses depend on the ward’s incapacity. Guardian expenses may include supervision, feeding and health problems. A conservator handles the ward’s finances if a guardian might handle over $25,000 annually. The exact threshold requirement for a conservator varies under state laws. If an individual needs more help than one person can give, the court might appoint two people to fill the role.

What court process fees are there?

The person filing the petition has various expenses to determine the individual’s capacity. The petition to determine capacity and the filing fee depends on the state. An attorney may help with the petition. The court appoints the incapacitated person an attorney during the process. The attorney must make court appearances and be at hearings the judge requests. The ward needs thorough examinations from doctors, nurses and social workers to determine their mental state.

Who pays for all the costs?

The ward’s financial situation changes how guardians and conservators pay the expenses. A conservator can pay the fees from the ward’s estate as long as there are enough assets. Destitute wards may get help from the federal government. An attorney may request the special guardianship fund to help pay for expenses. A guardian or conservator pays the attorney fees, but the court can reimburse them from the ward’s estate. Some courts may waive the filing fees or not choose to reimburse the guardian or conservator. Courts always try to reimburse people for healthcare.

The incapacitated person’s closest relatives are usually necessary to receive notice of the proceedings. The family may receive a copy of the petition through the mail or hand-delivered. Conservators usually need to file annual accounting for the estate, and guardians need payments of fees for most duties and responsibilities.