Tampa Conservatorship Attorney
The loss of a loved one is always a difficult time. When a close family member has simply disappeared without a trace, however, there is not just a sense of loss, but also a lack of closure. You have no way of knowing for sure if the person you care about is dead or simply incapacitated and unable to communicate with you.
Such disappearances also create a number of legal complications. If the person who disappeared left behind property and other assets, it may be necessary for a Florida court to step in and appoint someone to act in the name of the missing owner. An experienced Tampa conservatorship attorney can advise you on this process. Knudsen Law is a dedicated Florida estate and probate firm that can advise you on how to take legal steps to deal with your loved one’s disappearance.
How Conservatorships Work in Florida
There is sometimes confusion between the terms conservatorship and guardianship. Some states use those words interchangeably to describe a legal proceeding where a court appoints a person to manage the personal or financial affairs of an adult who is alive and present yet determined to be legally incapacitated. Here in Florida, that is called a guardianship. A Florida conservatorship, in contrast, applies to an adult who is considered an “absentee” from the state. Essentially, if a person is missing and their whereabouts are unknown, a Florida judge can appoint a conservator to manage the absentee’s financial and legal affairs in their absence.
Florida’s conservatorship laws describe two types of absentees subject to conservatorships:
- A member of the Armed Forces, Red Cross, or Merchant Marine, who are reported missing in action or imprisoned in a foreign country for at least 1 year during a “state of hostilities” between the United States and another power.
- Any Florida resident, or person who owns property in Florida, who disappears under circumstances indicating they may be dead or suffering from some form of mental illness, such as amnesia.
Any person with an interest in the absentee’s property or estate if they were deceased, including a spouse or adult child, can file a petition with a Florida court to appoint a conservator. The petition must include a description of the circumstances that led to the absentee’s disappearances, the reasons why the petitioner should be named the conservator, and a statement listing the absentee’s known property and its estimated value.
If the court determines a conservatorship is necessary, the conservator will continue to serve until the absentee appears and requests termination, or if it appears the absentee has died and an executor is named for the probate estate. In the latter case, the conservator must transfer any remaining property to the probate estate.
Our Tampa Conservatorship Attorneys Can Help
A Florida conservatorship is hopefully something you will never need to think about. But if the worst does happen and someone that you love has disappeared, it is important that you speak with a Tampa conservatorship attorney who can assist you in protecting their estate. Contact Knudsen Law today at (727) 398-3600 to schedule a consultation.
