ConservatorshipsWhat is a Conservatorship?
A conservatorship is a protective court proceeding. In a conservatorship, a judge appoints a responsible person (called the “conservator”) to care for an adult (called the “conservatee”) who is unable to care for him or herself or manage his or her own finances. |
Types of Conservators
The probate court can appoint a conservator of the person, a conservator of the estate, or both, depending on the needs of the conservatee.
A conservator of the person cares for and protects a person when the judge decides that the person cannot do it. The conservator is responsible for making sure that the conservatee has proper food, clothing, shelter, and health care. Depending on the conservatee’s ability to understand and make decisions, the conservator may need to make important medical choices for him or her.
A conservator of the estate handles the conservatee’s financial matters — like paying bills and collecting a person’s income — if the judge decides the conservatee cannot do it.
What are the responsibilities of a conservator?
The duties of a conservator of the person are to:
The duties of a conservator of the estate are to:
Who can file for conservatorship?
There are a number of people who can file for a conservatorship:
In appointing a conservator, the court is guided by the best interests of the conservatee. If the proposed conservatee has nominated someone (and the proposed conservatee has the mental and physical ability to express his or her preference), the court will appoint that person as conservator unless it is NOT in the proposed conservatee’s best interests.
The probate court can appoint a conservator of the person, a conservator of the estate, or both, depending on the needs of the conservatee.
A conservator of the person cares for and protects a person when the judge decides that the person cannot do it. The conservator is responsible for making sure that the conservatee has proper food, clothing, shelter, and health care. Depending on the conservatee’s ability to understand and make decisions, the conservator may need to make important medical choices for him or her.
A conservator of the estate handles the conservatee’s financial matters — like paying bills and collecting a person’s income — if the judge decides the conservatee cannot do it.
What are the responsibilities of a conservator?
The duties of a conservator of the person are to:
- Arrange for the conservatee’s care and protection.
- Decide where the conservatee will live.
- Make arrangements for the conservatee’s: Meals, Health care, Clothing, Personal care, Housekeeping,Transportation, Shelter, Recreation, and Well-being.
- Get approval from the court for certain decisions about the conservatee’s health care or living arrangements.
- Report to the court on the conservatee’s current status.
The duties of a conservator of the estate are to:
- Manage the conservatee’s finances.
- Locate and take control of all assets.
- Collect the conservatee’s income.
- Make a budget to show what the conservatee can afford.
- Pay the conservatee’s bills.
- Responsibly invest the conservatee’s money.
- Protect the conservatee’s assets.
- Account to the court and to the conservatee for the management of the conservatee’s assets.
Who can file for conservatorship?
There are a number of people who can file for a conservatorship:
- The spouse or domestic partner of the proposed conservatee;
- A relative of the proposed conservatee;
- Any interested state or local entity or agency;
- Any other interested person or friend of the proposed conservatee; and
- The proposed conservatee, himself or herself.
In appointing a conservator, the court is guided by the best interests of the conservatee. If the proposed conservatee has nominated someone (and the proposed conservatee has the mental and physical ability to express his or her preference), the court will appoint that person as conservator unless it is NOT in the proposed conservatee’s best interests.