WHAT YOU NEED TO KNOW BEFORE THE PEOPLE OF THE STATE OF for theYORK court himself or herself NEW appointment of a FILING A PETITION TO conservator to assist in managing his/her estate. APPOINT A CONSERVATOR TO »» What is a conservator? Some of the reasons that might prevent the individual from being able to manage his or her property and financial affairs are: mediation services are available in your court. »» What happens when the court accepts the petition for filing? After the petition is accepted for filing, the court will appoint a guardian ad litem to represent the GREETINGS: A conservator is a person appointed by a probate 1) mental illness or deficiency; individual in the court proceeding unless the court and given power and responsibility for the 2) physical illness or disability; individual has his or her own lawyer or unless a WE COMMAND YOU, that all business and excuses being laid aside, competent adult you attend before you and each of voluntarily requests estate (financial assets and property) of an adult 3) chronic use of alcohol /other intoxicants; mentally , the Honorable 4) confinement; at the Court (called a protected individual). the appointment. located at or County of 5) detention by a foreign power; »» What is a guardian? in room , on the day of , 20 , at o'clock in the for noon,to cooperate with the 6) disappearance. It is important you and at any recessed guardian ad of the or adjourned date, to testify and give evidence as a witness in this action on the partlitem. The guardian ad litem does A guardian is a person appointed by a probate »» Is a conservator needed for an individual who not have the authority to make decisions for the court and given power and responsibility to make cannot manage his or her property or financial individual. The individual may have to pay for the certain decisions about the care of another affairs effectively? guardian ad litem. individual. These decisions might include treatYour failure to comply with this subpoena is punishable as a contempt of court and will make you liable to ment decisions or where the individual should live. party on whose behalfmightsubpoena was issuedsomeone A conservator this not be necessary if for a maximum penalty of $50 and all damages also order the If necessary, the court may sustained as a the If the individual has a reduced life expectancy due else already has legal individual to be examined by a physician or a result of your failure to comply. authority (an individual with to advanced illness, the guardian may have the power of attorney, for example) to make decisions mental health professional. The court may also power to make an informed decision on behalf of about the individual's estate and there are no send someone (called a visitor) to interview the Witness, Honorabledecisions being made. , one The visitor may the the individual regarding receiving, continuing, problems with the individual. of the Justices ofbe the guardian ad discontinuing, or refusing medical treatment. Court in A County, day of , 20 litem or a court officer or court employee. full guardian can make all decisions for the »» How is a proceeding for a conservator started? individual. A limited guardian can only make »» Can the individual get a conservator decisions for the individual that the court allows. Any person who is interested in the individual's immediately in an emergency? welfare may complete a Petition for Appointment of (Attorney must sign above and type name below) »» When would a conservator be needed? Conservator (form PC 639) and file it, along with the If the court believes an individual's estate filing fee, with the probate court. requires immediate protection before appointing A conservator may be needed when the a conservator, the court may issue a preliminary Attorney(s) for individual is unable to manage his or her property »» Is a lawyer necessary? protective order. This order may involve the and financial affairs effectively because of appointment of a special conservator. The order certain reasons and: No, but a lawyer can be helpful, especially if any will authorize specific acts that provide for interested person opposes the appointment immediate protection of the individual's assets. 1) he or she has property that will be wasted of a conservator. Office and P.O. Address or used up unless proper management is provided; or »» Can mediation be used for disagreements about 2) funds are needed for the support, care, a conservator? and welfare of the adult and any of his or Telephone No.: her dependents. Certain disagreements about a request for a guard- Facsimile No.: ian may be mediated outside the court if all parties E-Mail Address: PC 667 (11/02) Approved, SCAO A mentally competent adult who, because of age agree to attend mediation or if a judge order parties Mobile Tel. No.: or physical limitation, may voluntarily petition the to attend mediation. The court clerk can tell you if American LegalNet, Inc. www.USCourtForms.com