St. Petersburg Conservatorship Attorney
What happens if a family member disappears? Their house could fall into disrepair, or their elderly parents could be vulnerable because their primary caretaker is no longer around. Unfortunately, you cannot simply take over control of their estate. Instead, it might be time to seek a conservatorship from a Florida judge when a family member goes missing.
There is a standard legal process for requesting conservatorship and interested people should work with a law firm like Fisher & Wilsey, P.A. to ensure their legal request is done properly. A St. Petersburg conservatorship attorney with our firm is available to meet for a consultation to discuss this issue.
When Do You Need a Conservatorship?
Knowing when to request conservatorship is the first necessary step. In some states, a conservatorship is used interchangeably with guardianship, but that’s not the case in Florida. Here, you can seek guardianship when an adult (like an elderly parent) can no longer manage their daily affairs, including finances and medical choices.
A conservatorship in Florida is appropriate when a person is deemed an “absentee.” The law defines absentee as someone who appears to have died or is missing due to amnesia or derangement. As an example, your daughter might one day disappear, and evidence suggests foul play. Your daughter would qualify as an “absentee” under the law.
Florida Statutes § 747.02 says a court has the jurisdiction to appoint a conservator of an absentee’s estate when:
- The absentee had a property interest in Florida, like a home, or
- The absentee was a legal Florida resident, or
- The spouse or next of kin is a legal Florida resident.
Furthermore, the court has jurisdiction only where there isn’t a valid power of attorney and the conservatorship is necessary, such as to protect the estate or handle legal issues related to children or parents.
How Fisher & Wilsey Can Assist You
We are happy to meet with people to discuss whether a conservatorship is what they need, or perhaps whether a guardianship is the better option. These are not interchangeable in Florida, so proceeding down the wrong path costs time and money.
Our firm can also help document the disappearance of your loved one. The court does not have jurisdiction every time a person leaves the state. For example, a child might have run off with a new romantic partner, but they aren’t missing or absent. A court might not appoint a conservatorship depending on the facts. Let us review what evidence to present to a judge.
Speak with a Conservatorship Attorney
A conservatorship allows families to handle the legal affairs of a missing family member, and it is a useful tool in many situations. Contact Fisher & Wilsey, P.A. to talk about whether it is time to file a petition and which court will have jurisdiction to hear it. In addition to providing legal counsel, we can create the necessary documents and find supporting evidence to present in court. Contact us to speak with a St. Petersburg conservatorship attorney about your concerns.