A conservator is a person who is appointed by the court to oversee the finances of another who is unable to because of injury, disability or illness.
Conservatorship is a form of guardianship that only focuses on the finances of the ward. It is common in cases where an individual is able to handle the day to day activities of life but struggles with financial management.
What is the Process of Conservatorship?
Once the request for conservatorship is filed, the court then takes on the challenge of proving incapacitation. If this is proven beyond reasonable doubt, the court will then appoint a legal conservator to be in charge of the said person’s finances.
The court normally chooses a spouse as the most ideal conservator. In the absence of a spouse, the court may select the closest kin. If this is also not an option, the court may sometimes select a neutral party, often an attorney who specializes in conservatorship.
Is Conservatorship the Same as Guardianship?
Conservatorship is often termed “adult guardianship”. The role of both conservatorship and guardianship is the same with certain limitations in the case of conservatorship. A guardian may be responsible for the day to day living and medical decisions of a ward while a conservator is not.
While Guardians may also be conservators, it is not uncommon to find an individual with both a guardian and a conservator.
The advantage of both of them is that legal duty serves to ensure the ward is not taken advantage of. The court will regularly demand to see statements of finance and this will in a way protect the ward.
When Does A Conservatorship End?
A conservatorship may end when the court ends the legal responsibility on the part of the conservator. There are certain scenarios under which conservatorship may also end including:
- Death of a conservatee
- If the conservatee is no longer in need of these services
- If the finances of the conservatee are all used up
- If the conservator resigns, in this case the conservatorship may be taken over by someone else
Our team of attorneys are more than willing to guide you through conservatorship process. Call us today at 508-386-9094.