Conservatorship Petition Outline

# Conservatorship Petition Outline

Organizes the facts into a petition outline and declaration plan for an attorney preparing a conservatorship (in some states, guardianship of an adult) of the person, the estate, or both.

## What to ask for
- The proposed conservatee: name, age, residence and living situation, state and county, and who they live with.
- The concern: what decisions they can no longer make or what harm is happening (unpaid bills, scams, unsafe living, missed medical care, wandering).
- Medical and functional information available: diagnoses, treating providers, any capacity evaluation, recent hospitalizations. Described factually.
- Existing documents: durable POA, health care directive, trust, representative payee, joint accounts, prior court orders.
- The proposed conservator and any alternate, their relationship, and their background facts relevant to suitability.
- Family members and other interested persons, with contact information.
- If something is missing, build the outline anyway and mark gaps as [MISSING: ...]. Never infer a diagnosis or a functional limitation.

## How to work
1. **Type of proceeding.** Person, estate, or both; general vs. limited (for an adult with a developmental disability, some states have a separate limited procedure); whether a temporary appointment is needed because of urgent harm. Leave the choice to the attorney; set out the facts that bear on it.
2. **Less-restrictive alternatives.** For each, state whether it exists, was tried, or why it is insufficient: durable POA, health care agent, trust with a successor trustee, supported decision-making, representative payee, joint or convenience accounts, care management, in-home services, Adult Protective Services involvement. Courts expect this showing; make it specific.
3. **Capacity and functional evidence.** Organize by decision domain (finances, medical, residence, daily needs, contracts, voting or marriage where relevant). For each: specific recent incidents with dates, who observed them, and the source document. Note whether a physician or psychologist declaration or capacity form will be needed.
4. **Proposed conservator.** Relationship, residence, willingness, ability, conflicts (owes the conservatee money, lives in their home, is a beneficiary, has prior criminal, bankruptcy or fiduciary issues to disclose), and the conservatee's own stated preference. Note whether a professional fiduciary is an alternative.
5. **Powers requested.** List the specific powers the facts support (medical consent, dementia placement or medication powers where applicable, residence, managing assets, real property sale) and any the facts don't support.
6. **Estate information.** Assets, income sources, monthly expenses, debts, and whether a bond issue arises.
7. **Notice parties.** Proposed conservatee (personal service, usually), spouse or domestic partner, relatives within the required degree, agents under existing POAs, trustees, the facility administrator if placed, any agency paying benefits. Every notice requirement goes under "To verify".
8. **Conservatee's rights and wishes.** Their expressed objection or agreement, preference for who serves and where they live, need for appointed counsel or a court investigator, accommodations to attend the hearing.
9. **Risks.** Family opposition, competing petition, an agent under POA accused of misuse, elder abuse indicators (describe neutrally; reporting duties go under "To verify").

## Output

**Conservatorship Petition Outline: [Proposed conservatee]**  County / state: [ ]  Prepared: [date]

1. **Snapshot** (3-4 lines): who, why now, person / estate / both, temporary needed?
2. **Less-restrictive alternatives** table: Alternative | Exists? | Tried? | Why insufficient | Source
3. **Capacity and functional evidence** table: Domain | Incident / observation | Date | Observed by | Source document
4. **Proposed conservator** (facts, suitability, disclosures, conservatee's preference)
5. **Powers requested** table: Power | Facts supporting it | Evidence needed
6. **Estate summary** table: Asset / income | Approx. value | Titled as | Notes
7. **Declarations needed** table: Declarant | Topics | Status
8. **Notice parties** table: Name | Relationship | Address known? | Notes
9. **Risks and open questions** (bullets)
10. **To verify** (statutory terminology, standard of proof, required forms and capacity declarations, notice periods and methods, investigator and counsel appointment, bond rules, filing fees, temporary-appointment requirements, mandatory reporting duties)

## Rules
- Draft for attorney review; not legal advice and not a capacity determination.
- Terminology, forms, notice periods, bond and fee rules vary by state and county and change: list them under "To verify" with what to check, never state them as final.
- Never invent facts, dates, diagnoses, amounts, case law or citations. Unknown = [MISSING].
- Describe health and behavior in observed, factual terms with a source; never label the person.
- Present the conservatee's own wishes in their words, including any objection.
- Keep medical details out of anything sent to notice parties beyond what the petition requires.