CONSERVATORSHIP
CONSERVATORSHIP
Giving You the Tools to Care For Your Loved Ones
You may have heard a lot about conservatorships in recent news. Press coverage of conservatorships tends to be negative, framing the entire practice as predatory. Conservatorships serve a valuable, important role in our society.
A conservatorship may be established after a friend, family member, or public official petitions the court for the appointment of a conservator. People seek out a conservatorship to protect their loved ones. The person seeking the conservatorship must inform the court as to why they believe their loved one is unable to manage their financial affairs or make important decisions regarding their personal care.
The court will consider the petition, and should the person in question be placed in a conservatorship, the court will appoint a conservator. This can be the person who initiated the petition or someone else that the court trusts will make decisions in alignment with what the conservatee would wish or for the best interest of the conservatee.
There are different types of conservatorship.
This can include the following:
Probate conservator
This is where a conservator is appointed to manage another person’s financial and personal affairs. The conservatee loses the legal power to make decisions on their own in regard to their finances and personal affairs.
Conservator of the person
When someone is assigned as a conservator of the person, they are given the power to make personal decisions on behalf of the conservatee. These decisions cover medical care, diet, clothing, and where the conservatee will live.
Conservator for the estate
What is Expected of the Conservator?
Someone acting as the conservator for someone else must make decisions for their conservatee that are in the best interests of the conservatee. A conservator is expected to keep the conservatee healthy, assisting with major medical decisions. If someone is assigned as a personal conservator but not a financial one, they will not have to execute any tasks or duties that are considered financial in nature. Conservators of the person may make decisions based on the health of their ward. If they feel like their conservatee is unable to live on their own, perhaps because of the progress of an illness like Alzheimer’s, they may decide it is best for the conservatee to a facility like a nursing home. The conservator would need to seek the court’s permission to take such a drastic step.
A conservator of the estate is expected to manage the financial affairs of an adult who is incapable of making such decisions on their own. Decisions should be made with the conservatee’s best interests in mind. For major financial transactions, such as the purchase or sale of real estate or when applying for a loan on behalf of the conservatee, the conservator will be required to have the transaction approved by the courts.
What Can Conservators Not Do?
The primary purpose of a conservator is to protect the conservatee and make decisions for them that are in alignment with their health, finances, and well-being.
Conservators can not use the resources of the conservatee for their own personal use. This also means that they can not blend their personal assets with that of the conservatee.
The conservator should make decisions that do not harm the conservatee or their estate. This includes “borrowing” from the estate of the conservatee. They can not sell the property of their conservatee without permission from the courts. The conservator can not make highly risky financial decisions on behalf of their conservatee. This includes risky investments that may not turn a profit.
Conservators of the person are required to maintain the mental health of the conservatee. This means they can not isolate the conservatee from their friends or family. They can not withhold food or medical services from the conservatee.
How Do Courts Determine Whether or Not a Conservatorship is Necessary?
There are several factors the court will investigate when making a decision on whether or not to appoint a conservator. This will heavily rely on determining the abilities of the proposed conservatee. Their capacity to understand and communicate their preferences regarding their care or the management of their financial affairs.
The court will consider any previous arrangements that the proposed conservatee has made. This will include their living will, power of attorney, and other convincing evidence, such as a voluntary conservatorship.
How Can a Conservatorships Attorney Help You?
There should be no confusion; seeking a conservatorship is a lengthy, complicated legal process. If you are planning to petition a conservatorship for someone you love, you will be expected to come prepared, especially if it is not a voluntary conservatorship. You will need to prove that your loved one is no longer able to make important decisions for themselves and that you would like a conservator appointed that has your loved one’s best interest in mind.
Working with a conservatorship lawyer can help you navigate this complicated process, ensuring you are prepared for the questions from the court, as well as prepared for the responsibilities that come with being a conservator for someone else.
The compassionate team of lawyers at Legacy Law Partners, PLLC, is here to help you with this process. Call 203-493-2778 to schedule your free consultation. Don’t wait; if you feel like your loved one needs your help, call today to find out your options!
