Conservatorships

A conservatorship is a legal arrangement where a judge appoints a person or organization (the “conservator”) to care for another adult who cannot care for himself or herself (the “conservatee”) or manage his or her own finances.

The majority of estate plans include a durable power of attorney for property management and a durable power of attorney for health care and advance directive. If these documents have been properly drafted and executed prior to an individual’s incapacitation, then a conservatorship will not be necessary. However, if these documents are not in place, a conservatorship will be needed when an individual is unable to continue making his or her own medical financial decisions.

Yes. One important advantage of having the court to appoint a conservator to care for another person or manage his or her finances is the fact that conservatorships are court-supervised, whereas a power of attorney is not. A conservator must account to the court for all of his or her actions and cannot receive any type of compensation without court approval.

No. A conservator can only be appointed by the court.

No. Conservatorships apply only to adults while guardianships are strictly for minors (individuals under the age of 18).