5-015.19A Conservatorship

473 NAC 5-015.19A

When the worker determines that the client is unable to manage his/her estate, property, and/or other business affairs, the worker shall contact an attorney or other interested individual to file a petition for establishing a conservatorship. Caution must be exercised in planning this type of action since a conservatorship legally restricts a client from managing his/her estate, property, and/or other business affairs.

A conservatorship may be established for a client by a court if it determines the client -

1. Is unable to effectively manage his/her own estate, property, and/or other business affairs because of -

a. Mental illness or deficiency;

b. Physical illness or disability;

c. Advanced age;

d. Chronic use of alcohol or drugs;

e. Confinement;

f. Disappearance;

g. Detention by a foreign power; or

h. Lack of discretion in managing benefits received from public funds;

2. Has property which would be wasted without proper management; or

3. Needs to have funds provided or obtained for his/her support, care, and welfare, or for others entitled to support by him/her.