The unexpected or unexplained disappearance of a loved one is never easy. In addition to the emotional hardships this situation can bring, legal complications must be considered. If your loved one has gone missing unexpectedly, they likely have important financial and legal affairs that should be addressed.
Our experienced attorney, Marc Brown, P.A., could reduce some of the stress from this difficult situation. With the right legal guidance, you can focus on finding your loved one, as opposed to getting bogged down in legal or financial decisions. Our Fort Lauderdale conservatorship lawyer could simplify the process of handling these important issues.
When a person goes missing, they could qualify as “absentee” under the law. When a missing person is considered an absentee, they could qualify for a conservatorship. Conservatorship is a form of the legal relationship that allows a person—known as the conservator—to act on the absentee person’s behalf.
Only the courts have the power to name a conservator. Obtaining conservatorship status can be difficult, but our compassionate attorney in Fort Lauderdale can assist you with the legal hurdles involved in the process. Once you are named as a conservator, you can collect income owed to the absentee, sell their property, or manage their assets and investments.
Who Qualifies as an Absentee?
A conservatorship is only appropriate for someone who is considered an absentee, so it is important to understand who qualifies as an absentee under the law. It is not enough to have been missing or simply not contacted a family member. Countless people disappear intentionally with the goal of avoiding any further contact with family members. To ensure those individuals do not have their rights infringed upon, the courts only grant conservatorships under certain circumstances.
A judge could grant you conservatorship when an individual in the armed forces has been reported missing in action, interned in a foreign country, or captured. After a year, this individual qualifies as an absentee.
Alternatively, any person residing or owning property within the state could be considered absentee if they disappear under circumstances that suggest they are no longer living. Our Fort Lauderdale attorney could help you or another family members meet the requirements for establishing a conservatorship in these circumstances.
Guardians vs. Conservatorships in Fort Lauderdale
It is not uncommon for people to use the terms guardians and conservatorships interchangeably. In Fort Lauderdale, significant differences exist between these two functions of the law.
A conservatorship is designed to take over vital decisions for a loved one who has disappeared. Regardless of the circumstances of the disappearance, a conservatorship might be a viable option.
Guardianships, on the other hand, are intended to protect individuals who have been incapacitated due to injuries or illnesses. When a person can no longer make important decisions related to their life, guardianship could be an option for their loved ones. Our knowledgeable lawyer can explain the differences between guardianship and conservatorship and assist you in selecting the correct designation for your family’s situation.
Contact a Fort Lauderdale Conservatorship Attorney Right Away
If you are dealing with the unexpected absence of a loved one, numerous legal issues may need to be resolved on their behalf. A conservatorship could give you the legal right to address those issues.
Let our Fort Lauderdale conservatorship lawyer, Marc Brown, P.A. help you during this difficult time. Call today for a private consultation.