What Is a Conservatorship?

From a legal perspective, not everyone can make certain decisions for themselves. Minors, for example, are restricted because of their age and developmental state. Likewise, adults with certain mental health limitations or age-related cognitive decline may not be capable of making fully informed decisions that they can genuinely understand.

That’s where conservatorship comes in. A conservator is a person, sometimes a family member, appointed or approved by the courts to take responsibility for another person’s finances when that person can’t make financial decisions for themselves. The person for whom a conservator is appointed is called the conservatee.

The specific rules and procedures for conservatorship will vary by jurisdiction. In some states, guardianship is synonymous with conservatorship, but in many cases, conservatorship caries a specific distinction. Furthermore, whether a person needs a conservator is a highly fact-specific decision, and every case’s facts differ.

If you have questions about a conservatorship, are considering one for a loved one, or know someone who is, a local and experienced attorney will be the best resource for legal advice and answers to those questions. Contact a local conservatorship lawyer for legal advice, answers to your questions, and, if necessary, representation.

What Is a Conservatorship?

When you get conservatorship over someone as a conservator, you become responsible for their financial affairs and for making most of their financial decisions.

Unlike a guardian, who can only make limited financial decisions but has additional responsibilities for personal affairs, personal care, medical decisions, and health care, a conservator typically only handles significant financial considerations like managing assets, controlling bank accounts and personal finances, and paying taxes. The same person will often be the guardian and the conservator for a case, but not always. Fiduciary responsibilities and legal responsibilities may be split between two people.

Conservatorships differ from power of attorney in that they come from a court order and require a court order to be removed. Conservators must demonstrate to the court that they can take care of the conservatee’s financial matters and base all of their decisions on what is best for them. They will also have to prove why the conservatorship is necessary.

Conservators must carefully document the decisions they make, bills they pay, and money they move around. They’re usually required to file reports with the court to prove they are correctly and responsibly handling the conservatee’s finances.

Conservatorship of Minor Children

Usually, a child’s parents automatically have the legal right to make critical financial decisions for their child. However, if the parents can no longer fulfill this role, they or the court may appoint a conservator.

Conservators of a minor child are often used if the parents die, are gravely ill, become severely mentally or physically disabled, or are deemed unfit by the court because of issues like neglect or substance abuse. Many parents will include information on the conservators they want for their children as a term in their will.

In most jurisdictions, the conservatorship ends when a child conservatee turns 18. The conservator must submit paperwork about the child’s finances and fill out additional forms to indicate that they’ve returned financial control to the conservatee.

Living parents who voluntarily or involuntarily transferred their child’s financial rights to a conservator may be able to revoke the conservatorship. If all parties agree to the revocation, filling out the proper forms is usually simple. Sometimes, a parent may need a hearing to convince a judge that they can make sound financial decisions for their child again.

Conservatorship of Incapacitated Adults

It’s not just minor children who might need the help of a conservator. Parents may find themselves needing a conservatorship over their adult children with developmental disabilities if the adult child becomes an incapacitated person through a brain injury or if the children have significant mental or physical disabilities, health problems, or other incapacity that make it difficult or impossible to handle their finances on their own.

Other loved ones, organizations, or representatives could also be eligible for conservatorship of adults. Furthermore, guardianships are also available for incapacitated adults.

The conservator will need to appear in court to prove they meet the eligibility requirements, which usually necessitate a minimum age of 18, U.S. citizenship, and a sound mind. If generally eligible, they’ll then need to demonstrate their ability to fulfill the role of conservator correctly. They’ll also need to prove that the conservatee requires a conservator. The court will often consider documents like medical records that show a disability or recommendations from doctors, counselors, or social workers when making their decision.

If the conservatee regains the capacity to make their own financial decisions, they can petition the court for a new hearing to get the conservatorship revoked.

Conservatorship of Aging Parents

It can be challenging to watch parents age, and even more so if they develop cognitive issues like Alzheimer’s disease, dementia, or other incapacitating conditions. When that happens, adult children may need to take conservatorship of their elderly parents to protect the conservatee’s assets.

Conservator children will need to petition the court to prove their ability to serve in that function and that their parents require the help of a conservator. Medical records and witness testimony may be necessary to demonstrate this need.

Many age-related cognitive declines develop over time. Seniors who realize they won’t be able to make their own financial decisions for much longer can request a conservator while they’re still of sound mind. The court will need to ensure that this decision was made freely and that they are mentally capable of making it.

It’s a good idea for aging parents and their adult children to discuss conservatorship before the time comes. That way, the children will be better equipped to follow their parents’ wishes when making medical, financial, and other personal decisions that will affect their well-being later on.A local and experienced conservatorship lawyer can help you prepare for and, when necessary, make those important decisions.