A conservatorship is a proceeding where a court appoints a responsible person (called a conservator) to care for another adult who cannot care for him or herself physically or financially (called a conservatee.) The conservator is responsible to the court.

There are town kinds of conservators. A conservator of the person cares for and protects a person when the court decides that the person can no longer do it. A conservator of the estate handles the conservatee’s financial matters, such as paying bills and collecting a person’s income. The court can order a conservator of the person or estate or both.

WHEN IS A CONSERVATORSHIP NEEDED?

If someone has an illness, such as Alzheimer’s, or an accident that leaves them mentally or physically incapacitated. They may need to have a conservator make caregiver decisions or manage their affairs. Typically, a conservator is appointed when a court decides that a person is physically or mentally incapable of managing their affairs.

In a conservatorship of the person, the conservator arranges for the conservatee’s care and protection. The conservator determines where the conservatee will live and is in charge of health care decisions.

In a conservatorship of the estate (money and property), the conservator is responsible for the management of the estate. Often, the reason the court will step in and appoint a conservator is to prevent misuse of the person’s assets. The court will examine all the financial decision made by the conservator.

WHO CAN FILE FOR A CONSERVATORSHIP?

A petition for conservatorship is filed with the court. Notice is given and a hearing is held to determine if the proposed conservatee needs someone to handle his or her affairs. A court investigator will report to the court and make a recommendation concerning whether or not a conservatorship is needed. If the court determines that the proposed conservatee is not competent enough to manage their physical or financial needs, a conservator is appointed.

The court usually appoints a relative to be conservator. Once appointed, the conservator will submit a list of assets of the estate and debts to the court. The conservator will develop a plan of conservatorship. The court must approve the conservator’s accounting of assets and approve all sales. The conservatorship process can be very slow and cumbersome at times.

WHAT RIGHTS DOES A CONSERVATEE HAVE?

A conservatee does not lose all rights. They can still have a say in important decisions. They have a right to be treated with understanding and respect, have their wishes considered, and be well cared for. In general, conservatees keep the right to make or change their will, get married, get mail, have an attorney, have an allowance and make their own health care decisions, unless the court gives that right to the conservator.

WHAT IS THE DUTY OF THE CONSERVATOR?

The conservator has a duty to make smart investments, keep assets separate from anyone else’s property, and use interest-bearing accounts and other investments. The conservator is not allowed to pay himself or an attorney without court approval. The conservator is not allowed to give away the estate or borrow money without court approval.

WHAT IS A TEMPORARY CONSERVATORSHIP?

If the court orders a temporary conservatorship, the conservator has the same duties and powers that a regular conservator has except that the conservatorship will end on the date the a permanent conservator is appointed. A temporary conservator should not make irreversible decisions without informing the court.

WHAT HAPPENS WHEN THE CONSERVATEE DIES?

Upon the death of the conservatee, the conservator must account to the court and distribute any proceeds of the estate to an administrator of a probate or to a trustee of a trust.

ARE THERE ALTERNATIVES TO A CONSERVATORSHIP?

One option to conservatorship proceedings is a durable power of attorney. A durable power of attorney is an arrangement whereby one person authorizes another to take action on the first person’s behalf as his or her agent. This agent has the authority to conduct business and make health care decisions.

Another option is the living trust. With a living trust one can decide in advance and appoint the person who would manage assets should one become incapacitated. The trustee has the right to manage assets for the trust without court supervision.