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Conservatorship Webpage Revision List



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Revised 12/9/2016 Added:

Conservatorship of a Disabled Adult Child who is Out of State

Situations do arise where the proposed conservator(s) live in one state and the proposed conservatee lives in another state. The proposed conservatee can legally still be a resident of the other state where his parent (the proposed conservator(s)) lives. This can happen when the proposed conservatee is at a residential school or group home in another state.

There is the possibility that the conservatorship can happen in either state so contact the local county state court (most likely probate court) in both states to find out the best way to proceed. I would try to contact the court manager that handles conservatorship for the answer.

The probate court in which the proposed conservator(s)/parents are located may refuse to take the petition for conservatorship because the court will have to investigate a proposed conservatee in another state and find an attorney in that state to represent the proposed conservatee. This requires finding and hiring an attorney in the location where the proposed conservatee resides. Courts have limitations on the amount of money they will pay attorneys to investigate and represent the proposed conservatee. It is very possible that they would not be able to find an attorney out of their jurisdiction to represent the conservatee. This is a real possibility if the court fees are waived based on the proposed conservatee’s assets. If the court fees are not waived then there is a possibility of hiring a lawyer in the state of the proposed conservatee. Be aware that the lawyer in another state will most likely not be familiar with the forms and probate codes of the state in which the hearing will take place and may require more time than usual.

The state court where your proposed conservatee resides will have different rules, forms, and court fee waiver rules. You may have to travel and show up in court or hire a lawyer to represent you at the hearing. You may be able to phone in at the time of the hearing.

While going through conservatorship where the proposed conservatee currently resides in another state may eliminate cost for the probate court where the parents live, it will mean an increase expense for the parents. There will also be the needed action of transferring the conservatorship back to the state the parents live in when the conservatee comes back to live in the parents' state.

There is also the option of waiting to do conservatorship until after your adult child comes back and resides in the state you live in.