What is a conservatorship?

If an adult is unable to make decisions about his or her care, food, clothing and shelter, it may be necessary for a family member or friend to petition the court for appointment of a conservator of the person. The petitioner usually requests that a family member or friend serve as conservator, but a professional fiduciary may also serve as conservator. In some cases, the public guardian is appointed. If the incapacitated adult had previously appointed someone to undertake these responsibilities through an Advance Health Care Directives and a personal maintenance power of attorney, then a conservatorship may not be necessary.

If an adult is substantially unable to manage his or her financial affairs or if the person is substantially unable to resist fraud or undue influence, it may be necessary for a conservator of the estate to be appointed. Again, the conservator of the estate is usually a family member, friend, or private professional fiduciary. The conservator’s primary responsibility is to conserve, manage, and use the conservatee’s property for the benefit of the conservatee. If the incapacitated or at risk adult had previously appointed someone to undertake these responsibilities through a durable power of attorney and/or a trust, then a conservatorship may not be necessary.

The conservator of the person and the conservator of the estate may be the same person, but need not be. In addition, depending on the need of the incapacitated adult, it is possible to petition for conservatorship of the person but not the estate, and visa versa.

A conservatorship is a court supervised proceeding. The conservator of the estate will be obligated to periodically report to the court regarding his or her activities and account for all income and assets. A probate court investigator will visit the conservatee annually and prepare a report for the court.