Conservatorship
You must consult with an attorney before moving forward in this direction. We hope that you will take advantage of our free consultation if you have any concerns regarding this matter.
If you are a senior and somebody is trying to take control of your finances against your will, this is an urgent situation, and you need immediate legal assistance.
Protected Persons
Conservatorship is a legal arrangement that places an individual, also known as a ward or protected person, under the supervision of a guardian or custodian. There are two main types of conservatorship: conservatorship of the person and conservatorship of the estate or property.
A guardian is typically a family member, friend, or fiduciary appointed by the court. A protected person can be a minor without a parental guardian or an adult who can no longer make safe and sound decisions about his or her person or property. Additionally, a person may be placed under conservatorship who is prone to fraud or undue external influence.
While conservatorship does attempt to maintain the protected person’s independence, it should only be considered in appropriate cases, as it may significantly impinge upon the individual’s rights. The appointment of a guardian can materially limit the rights and privileges of the protected individual in areas such as:
- Choosing residence
- Providing informed consent to medical treatment
- Making end-of-life decisions
- Making property transactions
- Obtaining a driver’s license
- Owning, possessing, or carrying a firearm or other weapon
- Contracting or filing law suits
- Marriage
- Voting
Right to Due Process
To safeguard the protected person’s right to due process, he or she may be entitled to notice of and the ability to attend all legal proceedings related to conservatorship. In addition, the protected person may obtain representation by an attorney, present evidence, and confront and cross-examine all witnesses.
Conservatorship of the Person
Conservatorship of the person often relegates the following responsibilities to the appointed guardian:
- Determining and maintaining residence
- Providing informed consent to and supervising medical treatment
- Consenting to and supervising non-medical services such as education, psychiatric or behavioral counseling
- Making end-of-life decisions
- Paying debts and other expenses
- Maintaining the protected person’s autonomy as much as possible
The guardian may be required to report to the court about his or her activities annually.
Conservatorship of the Estate or Property
Conservatorship of the estate or property transfers the following responsibilities to the guardian:
- Organizing, gathering, and protecting assets
- Arranging appraisals of property
- Safeguarding property and assets from loss, whenever possible
- Managing income from assets
- Making appropriate payments
- Obtaining court approval before any sale of major assets
- Reporting to the court the estate’s status regularly
Most conservatorships are temporary arrangements meant to protect an incapacitated individual until he or she regains capacity.
Conservatorship of Minors
Conservatorships may also be used to protect the legal rights of a minor. If a parent is no longer able to act on behalf of his or her child, a guardian, usually a relative, is appointed. Unlike an adoption, under a conservatorship, parents may remain responsible for supporting the child financially, and they do not necessarily forfeit their parental rights.
A minor may be considered for legal conservatorship if his or her parent cannot provide shelter, has no steady income, suffers from an illness, or is incarcerated. In most instances, parental approval is sought before any legal proceedings.
