Conservatorship & Guardianship

There might come a time where you are suffering from an illness or disability and you are no longer able to adequately care for yourself, your money, or your property. Close family members or friends might be worried about your well-being. If you have not planned ahead for this event by creating a Power of Attorney or naming a person to act as Guardian then your friends or family might decide that the best way to help you is to ask the court to appoint a Conservator or Guardian. This section will answer some basic questions about Conservatorship and Guardianship.

Conservatorship

 

What is Conservatorship?

A Conservatorship is a legal relationship where one person (the Conservator) is appointed by the probate court to manage the money and property of another person (the protected person) if that person is unable to do so due to illness or disability. The purpose of a Conservator is to make sure that your property and finances are protected and used only in your best interest. Unlike a Guardian, a Conservator only has authority over your money and finances, not your personal life.

Your Conservator is required to use your money to provide for your needs. They may not use your money for their benefit, and must keep your money separate from their own. If you have a Conservator who is not also the Guardian, the Conservator must consult with the Guardian regarding your needs and how best to spend your money.

Do I need a Conservator?

If you are having a hard time managing your money and property due to illness or disability, your family or close friends might worry about your well-being. If you do not have an agent under a Power of Attorney, they might decide to ask the probate court to appoint a Conservator to help you. When you have a Conservator, you lose certain rights to decide what will happen to your money and property. You can avoid losing these rights by planning ahead and creating a Power of Attorney. For more information on how to make a Power of Attorney, see the section of this chapter titled: “Powers of Attorney.” If someone is trying to become your Conservator and you don’t think you need one, you should get an attorney to help you. Call the Legal Services for the Elderly Helpline at 1-800-750-5353 to talk to an attorney for free.

 

REMEMBER: If someone is trying to become your Conservator and you don’t think you need one, you should get an attorney to help you. Call the Legal Services for the Elderly Helpline at 1-800-750-5353 to talk to an attorney for free.