When a conservator dies without a successor, the person they were protecting (the “protected person” or “ward”) is left in a legal limbo.
Because the court originally granted your friend legal authority, that authority doesn’t automatically pass to someone else. You must petition the court to be appointed.
Here is a step-by-step guide on how to navigate this process.
1. Determine Immediate Needs
Since your friend died suddenly, the most urgent question is: Who is looking after the partner right now?
- Emergency guardianship/conservatorship: If there is an urgent need for medical decisions or financial access (e.g., paying for a care facility), you can ask the court for an emergency or temporary appointment. This usually happens much faster than a standard hearing.
2. File a Petition with the Probate Court
You must apply to the same court that issued the original conservatorship.
- The paperwork: You will need to file a petition for appointment of successor conservator.
- The filing fee: There is usually a fee involved, though it can sometimes be waived if the protected person has limited assets.
3. Notify Interested Parties
The law requires that “interested parties” be notified of your application. This usually includes:
- The protected person’s closest living relatives (parents, siblings, children).
- The person currently providing care for the individual.
- The protected person himself (he has a right to know who is being appointed).
4. The Court Investigation
In many states, the court will appoint a guardian ad litem (GAL) or a court visitor. This person’s job is to:
- Interview you to see if you are fit for the role.
- Meet with the disabled partner to explain the situation.
- Report back to the judge on whether appointing you is in the partner’s best interest.
5. Attend the Hearing
A judge will hold a hearing to officially appoint the successor. If no one objects and the court investigator recommends you, the judge will issue letters of conservatorship. This document is your “golden ticket” — it proves to banks, doctors, and landlords that you have the legal right to act on his behalf.
|
Feature |
Original Conservatorship |
Successor Conservatorship |
|---|---|---|
|
Medical Evidence |
Extensive doctors’ reports required |
Usually less intensive if the disability is permanent |
|
Speed |
Often takes months |
Can be expedited due to the vacancy |
|
Priority |
Court looks for family first |
Court prioritizes continuity of care |
Important Things to Keep in Mind
- Background check: Be prepared for the court to run a criminal and credit background check on you.
- Bonding: If the partner has significant assets, the court may require you to post a bond (a type of insurance) to protect his money.
- The intellectually disabled designation: Since your friend’s partner has a long-term disability, the court likely already has the necessary medical records on file, which makes your process slightly easier than starting from scratch.
It is highly recommended to consult with a special needs planning attorney. While you can file the paperwork yourself, a lawyer ensures you don’t miss notice requirements that could delay your appointment.
