Conservatorship is a legal process in which an adult, or sometimes an organization, is given the legal authority to manage an incapacitated adult's care or finances. Get the details on the situations in which this might be necessary.
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updated September 1, 2023 · 3min read
Conservatorship places another person or organization in charge of an adult's financial matters or care when that adult is incapacitated and unable to manage their own affairs. Conservators are charged with acting in the best interest of their ward. The legal process for this appointment is called probate conservatorship. The laws about conservatorships vary with each state, so check your state laws to understand how conservatorship works there.
Conservatorship is granted by a court when an adult cannot make their own decisions and is incapacitated, at least to some extent. Situations in which this might occur include:
Conservatorship can be for a person's care or for their finances. There are several types:
While it is most common for a family member or close friend to be appointed conservator, there are organizations that, for a fee, handle all decisions for the incapacitated person. This is most common when there is no family available. You may have heard the term sole managing conservatorship, but it applies in child custody cases and is not relevant to conservatorships of adults.
Conservatorship can only be created by a court order and is handled in probate court in the county where the adult in question resides. Conservatorship forms can be found on the state or county probate court's website or at the office of the court clerk. The ward has to be served with a copy of the papers. The court schedules a hearing to decide if conservatorship is necessary or appropriate. It is often necessary to provide a doctor's report based on an examination to obtain conservatorship of an adult.
There are steps adults can take to prevent the need for a conservatorship. An estate plan must contain several documents to prevent any issues. A health care advance directive, known in some states as a health care power of attorney, and/or a health proxy should be completed so that you can establish your wishes for end-of-life care choices and name a person who is authorized to make health care decisions on your behalf. Creating a living trust can protect your finances and make sure they are managed by someone you trust, should you be unable to manage them yourself. Another part of the package is a power of attorney, which names a person of your choice to handle your financial and business matters if you are in a position where you can't do so yourself. If you want help with your estate plan, you can use an online service provider.
Conservatorship provides an avenue to legally manage another adult's care or finances when they are unable to do so, ensuring that the incapacitated adult is cared for and protected.
by Brette Sember, J.D.
Brette Sember, J.D., practiced law in New York, including divorce, mediation, family law, adoption, probate and estat...
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