Conservatorships2025-01-13T11:19:45-08:00

Conservatorships

A conservatorship is a legal arrangement where a judge appoints a conservator to assist an adult who cannot manage their personal care or finances independently. The individual receiving help is called the conservatee. This arrangement is only granted when less restrictive alternatives are insufficient to protect the conservatee’s well-being.

Types Of Conservatorships

  • General Conservatorship
  • Grants the conservator broad authority over the conservatee’s care and finances.
  • Limited Conservatorship

  • Designed for individuals with developmental disabilities, restricting the conservator’s powers to specific areas, such as medical decisions or educational needs.

A conservatorship may address:

  • Care and Protection: Conservatorship of the person focuses on managing the conservatee’s daily care.
  • Financial Matters: Conservatorship of the estate involves overseeing and protecting the conservatee’s assets and finances.

Limited Conservatorship Powers

In a limited conservatorship, judges evaluate up to seven specific powers, such as medical consent, residence decisions, and education planning, granting only those deemed necessary.

Before Filing for Conservatorship

The court prioritizes the conservatee’s independence. Petitioners must prove that conservatorship is the least restrictive solution and explore alternative options first.

At Lawvex, we explain and help conservators understand their job, and guide you to navigate the complexities of conservatorship and ensure the conservatee’s rights and dignity are respected while at the same time ensuring the process is worry free as we protect you, the conservator, from unnecessary personal liability. Contact us to learn more.

Conservatorship FAQs

A conservatorship is a court proceeding in which a judge appoints a family member, friend or other responsible person (conservator) to care for another adult (conservatee) who cannot care for themselves and/or their finances.

A Conservatorship of the Person involves appointing a conservator to ensure the conservatee has proper food, clothing, shelter, and healthcare. If the conservatee cannot make informed decisions, the conservator may also handle important medical decisions on their behalf.

A Conservatorship of the Estate gives the conservator authority over the conservatee’s financial matters. This includes managing finances, protecting income and property, paying bills, making investments, and filing taxes. The conservator must also regularly report financial activities to the court and other relevant parties.

A temporary conservatorship is established when immediate help is needed. A judge may appoint a temporary conservator to provide care, protection, and support for the conservatee or to safeguard their property until a permanent conservator is appointed. Temporary conservators may also step in when a permanent conservator is no longer available. Their authority is more limited than that of a permanent conservator.

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