What are conservatorships? When someone is no longer able to manage their own financial or personal affairs due to physical or mental challenges, conservatorships can step in to offer protection. In these cases, the court appoints a conservator—a responsible individual who takes on the role of managing the person’s finances, health, or daily care when there are no legal arrangements like a power of attorney in place.
If you’re concerned about the well-being of a loved one who can’t handle things on their own, understanding conservatorships is a crucial step in ensuring their safety and financial stability.
Who Might Need a Conservatorship?
A conservatorship is typically necessary when an individual is no longer able to make sound decisions due to illness, age-related decline, or injury. Whether it’s managing finances, making healthcare decisions, or ensuring proper care, conservatorships offer a legal solution when someone can no longer manage these responsibilities independently.
Family members or close friends often seek conservatorship when they notice that their loved one’s ability to handle important tasks is slipping. The court steps in to help by appointing someone to oversee the individual’s affairs, ensuring they are protected.
Types of Conservatorships
Conservatorships come in two main types, each designed to address different aspects of the individual’s needs:
- Conservatorship of the Estate: This type of conservatorship focuses on managing financial matters. The conservator will be responsible for paying bills, overseeing investments, managing real estate, and handling other financial obligations.
- Conservatorship of the Person: In this case, the conservator makes personal decisions for the individual, including where they live, what kind of medical care they receive, and other daily care needs. Often, these two types of conservatorships work together to properly manage all aspects of the person’s life.
What Does a Conservator Do?
The role of a conservator is to step in and make decisions that the individual can no longer handle. The conservator must protect the person’s best interests by overseeing financial accounts, managing property, or ensuring they receive appropriate healthcare.
In addition to these responsibilities, the conservator must also regularly update the court on how they manage the person’s finances and well-being, promoting transparency and accountability throughout the process.
How Is a Conservator Appointed?
The process of appointing a conservator begins with a family member, friend, or other concerned party filing a petition with the court. The court will then review the case to determine if the individual is truly unable to manage their own affairs. If the judge agrees, they appoint a conservator to take over the necessary responsibilities.
In urgent situations, the court may appoint a temporary conservator to handle immediate issues until establishing a more permanent arrangement.
Conservatorship vs. Guardianship
It’s common to confuse conservatorships with guardianships, as both involve caring for someone who can’t manage on their own. However, there is a key distinction between the two:
- Conservatorships focus on managing finances and assets protection, ensuring that the individual’s money and property are properly cared for.
- Guardianships are more focused on personal matters, like making decisions about healthcare, living arrangements, and overall well-being.
In some cases, addressing the needs of an individual who can’t manage on their own may require both a conservator and a guardian.
Taking the Next Steps
Conservatorships are a powerful tool for protecting a loved one who can no longer manage their own affairs, but navigating the legal process can feel overwhelming. If you have questions about conservatorships or need help taking the right steps to protect a loved one, call us today. We’re here to provide guidance and help you ensure the well-being of those you care about most.
