Conservatorship

What is Conservatorship?

Conservatorship applies for individuals over the age of 18. Through a conservatorship, an individual is authorized to make decisions, generally financial or personal, on behalf of another person.

What is the difference between a conservatorship and guardianship?

Guardianship is for people under the age of 18, whereas a conservatorship is for persons over the age of 18. Generally disabled adults or those suffering from some form of dementia or other inability to provide for their own care will have a conservatorship. Guardianship generally occurs when a minor has lost both parents prior to the age of 18. Conservatorship generally occurs when a permanently disabled child achieves the age of 18 (which is called a limited conservatorship) or when an adult develops dementia, in which case, it is called a general conservatorship.

When is a Conservatorship used or enacted?

Generally, a conservatorship is used or enacted when there is an adult who, for whatever reason, is unable to provide for his or her own self, either personally or financially. In a conservatorship of the person, somebody is authorized to make decisions affecting the conservatee's person, place of dwelling, and or healthcare decisions. In a conservatorship of the estate, the proposed conservator is authorized to make financial decisions and other business decisions on behalf of the proposed conservatee.

What is the Conservatorship process?

The attorney will meet with the family members to obtain background information. This will determine what type of conservatorship is most appropriate for the proposed conservatee. The proposed conservatee has certain statutory rights regarding due process and service, which our office will ensure are protected. Additionally, our office will prepare the necessary paperwork, advise the proposed conservator, and handle court appearances.

What are some common terms?

The conservator is the adult who is appointed by the court to make decisions on behalf of the person that needs protection. The person who needs protection is called the conservatee. The conservatorship is the proceeding wherein the rights of the adult are monitored by the court, and the court makes decisions in the best interest of the proposed conservatee.