FYI on Conservatorship

One overarching thing to keep in mind is that conservatorships can play an important role in caring for vulnerable family members. Here are a few other things to know:

Put simply, conservatorship is needed when a person no longer has the mental capacity to sign legal documents.

There are two kinds of conservatorships:

• Conservatorship of a person: A court order can establish a conservatorship for an individual who is a minor or who lives with a physical or mental disability. This includes those who are suicidal and those with dementia or a disability that prevents them from making legal and medical decisions on their own behalf.
• Conservatorship of an estate: A court order can establish a conservatorship for an estate when someone is unable to take care of their financial matters.

While a person may need just one type of conservatorship, sometimes they need both. The same person can be appointed to execute both, and both types are supervised by and held accountable to a court.

• Conservatorships are time-consuming and expensive for all parties involved. They often require court hearings and the ongoing assistance of a lawyer.
• Anyone (proposed conservatee, family members, friends, etc.) can object to the conservatorship or the conservator selection.

Someone who wants to block a conservatorship must:

• File papers with the court
• Inform all interested parties
• Attend a legal hearing(s)

Conservators are reimbursed for expenses and paid for their services from the assets of the person they are taking care of. However, payments must be "reasonable" in the eyes of a court.

The best way to avoid needing a conservatorship for an older adult is to prepare durable powers of attorney before a health crisis occurs.

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