conservatorship

Conservatorship is a court-supervised legal mechanism through which a conservator is appointed to manage the personal affairs, financial matters, or both, of a person who is unable to protect their own interests due to physical illness, mental disability, or diminished capacity. The person under conservatorship is called the conservatee.

Types commonly recognized are conservatorship of the person, conservatorship of the estate, or a combined arrangement. A conservator of the person makes or supervises decisions about living arrangements, health care, and daily care. A conservator of the estate manages income, assets, investments, and property, pays bills, and handles taxes. Some jurisdictions allow joint or restricted roles and may require separate or joint reporting.

Process and duties: A petition is filed in the appropriate trial court by a relative, guardian, friend, or public agency. The court may appoint a temporary or permanent conservator after evaluating the case, notifying interested parties, and holding a hearing. The conservator has fiduciary duties, must act in the conservatee’s best interests, avoid conflicts, and often provide periodic accountings to the court and, in many places, post bond.

Rights and protections: Conservatees have the right to notice of proceedings, to appointment of counsel, to participate in hearings, and to seek restoration of capacity or termination of the conservatorship. Limits on freedom or decisions must be within the scope of the court order.

Term and termination: A conservatorship can be terminated when capacity is restored, the conservatee dies, or a court removes or replaces the conservator. In some places, petitioning for termination may be filed by the conservatee, a family member, or the public guardian. Alternatives such as durable powers of attorney or guardianship for minors may be used in certain circumstances.