Elder Law Lawyer

In the event of a terrible accident, a person may suffer serious injuries that result in permanent impairments or disabilities. Those who are able to walk away from a vehicle collision unharmed, are some of the luckiest few. For others, injuries may include head trauma, severe whiplash, excessive bleeding, broken bones, and more. An injury may be so bad that the car accident victim’s life is changed forever. A person may even be deemed unable to take care of themselves, to the extent that perhaps a conservator is necessary. An elder law lawyer from Kaplan Law Practice, LLC can help you understand how to care for an elderly person after serious injury or illness. Here in the article below, we have talked further about what a conservator is and how it can benefit the car accident victim. 

What is conservatorship?

Conservatorship is when a person is court-appointed to handle the medical and/or financial matters of another who has become incapacitated either due to injury, illness or disability. A person who was part of a tragic car accident, may not be able to handle their affairs like they had prior to the incident. For example, someone who suffered a traumatic brain injury may have lost the ability to do math, and can no longer manage their finances accurately. This is when conservatorship may need to occur, so someone can take over handling the person’s health and finances. 

What car accident injuries may require a conservator?

Any injury that causes a person to have mental and/or physical impairments may require a conservator to be appointed by the courts. In general, the courts will schedule a hearing to talk about the facts surrounding the person’s condition, including what he or she is able to do without help. Here are specific examples of injuries that may mean a conservator is chosen to take over financial and/or monetary affairs: 

  • Skull fracture
  • Object penetration to brain
  • Hematoma
  • Brain swelling and/or bleeding
  • Repeated concussions
  • Diffuse axonal injury
  • Coma 

How do I know whether my loved one needs a conservator?

As difficult as it can be to accept, in some cases a loved one requires another person to take care of the tasks they used to be able to do alone. When the court is deciding whether a person needs a conservator, is usually has to do with whether or not the individual is incapacitated. If the person is unable to communicate wishes on personal matters or understand information regarding health and finances, then a conservator is likely to be appointed. 


Should I get legal representation for the conservatorship hearing?

Once the courts have scheduled a hearing, family members may want assistance getting prepared for the discussion. Many people may turn to an attorney that is familiar with conservatorship for advice, guidance and representation. Speaking to an elder law lawyer can help you understand how to prepare for a hearing. 


A family member may want help advocating for or trying to prevent a conservator candidate from being chosen. The role of conservator is important, as the person who upholds these duties can do significant harm if he or she has ingenuine motives. Family members of the injured person may obtain an attorney as support when trying to provide the best possible life for the loved one.