Conservatorship
What Is a Conservatorship?
Conservatorship is a form of legal guardianship that is placed over incapacitated individuals or minors. This is a court-appointed position that falls under the jurisdiction of a local judge which is often created due to sudden illness or disability.
This authority allows the appointed conservator to take control of the property, finances, and personal affairs of the conservatee (the person the decisions are being made for) or ward. It grants them extensive powers over the life of the individual [1].
Alternative names that can be used for conservators include:
- Guardians
- Fiduciaries
- Trustees
This article explains in detail what conservators do and how they might attain these responsibilities. Read on to learn more about how conservatorship is legally granted, what duties a conservator has to perform for an individual, and when this form of protection is usually granted to the conservatee.
When Is a Conservatorship Granted?
There are a few scenarios where conservatorship may be granted. A conservator might be appointed when an individual is:
- Disabled and unable to take care of themselves
- Mentally incapacitated through illness or old age
- Fully incapacitated
- Unconscious or in a coma
- A minor with no legal guardian
In all cases, the conservatorship is granted when the person in question is not able to take care of their own basic needs. Each case has to be assessed by a probate court or family court before this duty of care can be legally appointed.
What Types of Conservatorship Exist?
There are two main types of conservatorships. They are probate conservatorship and LPS conservatorship.
Probate conservatorship is the most common form of authority granted across the United States. They can be general or limited conservatorships. Conservators under this system are appointed by the conservatee’s state of residence and can apply either for short or long-term durations, depending on the judge’s verdict.
Full conservatorship means that the guardian controls all aspects of the ward’s wellbeing. Limited conservatorship, on the other hand, only grants the conservator authority over specific aspects of the conservatee’s life.
- General Conservatorship (or Plenary Conservatorship). Granted by a court when an individual is deemed unable to provide properly for their personal needs for physical health, food, clothing, or shelter or to manage their own financial resources.
- Limited Conservatorship. Granted when a ward is found to be mentally disabled but has some ability to care for themselves or manage their financial resources.
LPS or Lanterman-Petris-Short Act is a type of probate that only applies in California for individuals undergoing involuntary treatment for mental health issues. It must be renewed by the conservator on an intermittent basis rather than continuing indefinitely [2].
What Are the Responsibilities of a Conservator?
A conservator has many personal and fiduciary responsibilities for the conservatee. Some of the most important duties that a guardian will have to perform for an incapacitated or mentally incompetent individual include:
- Financial tasks: A conservator of the estate is responsible for managing banking, money, investments, and property on the conservatee’s behalf
- Physical health: A conservator of the person makes healthcare and residence decisions for the ward
A ward may need one or both types of conservators. One individual may perform both of these roles, or two people may serve in either capacity [3].
How Is a Conservator Appointed?
State courts need to be petitioned in order for a conservator to be appointed. The final process will always depend on the state laws that apply to the case. However, the path to conservatorship normally follows these steps:
- A court order is created to rule on whether a conservatorship should be created for the affected individual.
- Medical evidence should be identified and gathered to confirm the need for a conservator to be appointed.
- The potential ward can present their case if they disagree with the appointment.
- The court considers the intricacies of the case and makes a decision on whether or not to appoint a guardian and what duties they will be required to carry out for the conservatee.
Conservatorship Vs. Power of Attorney
A conservatorship has many features in common with Durable Power of Attorney documents. Both allow someone other than yourself to make essential welfare decisions for you. However, there are some key differences.
An agent acting under the Power of Attorney can be chosen by the person needing care. It is an essential part of estate planning and can be arranged years before the principal falls into mental incapacity.
Conservatorship, on the other hand, is not voluntary. It is a court-mandated process and the conservatee will not have a choice of who will be appointed conservator. Conservatorship can also override Power of Attorney if an Attorney-in-Fact (agent) stands down or is forced to retire by court order.
In some states, however, Power of Attorney documents do allow you to name your choice of guardian in the event of your agent being unable to perform their duties and should guardianship need to be granted. These legally recorded wishes will be taken into account if conservatorship needs to be awarded under any circumstances [4].
Get Your Power of Attorney Now
[1] Conservatorship. Cornell Law.
[2] Conservatorships. Superior Court of California: County of Marin.
[3] Probate Court User Guide for Conservators. Connecticut Probate Courts.
What Is a Conservatorship?
Conservatorship is a form of legal guardianship that is placed over incapacitated individuals or minors. This is a court-appointed position that falls under the jurisdiction of a local judge which is often created due to sudden illness or disability.
This authority allows the appointed conservator to take control of the property, finances, and personal affairs of the conservatee (the person the decisions are being made for) or ward. It grants them extensive powers over the life of the individual [1].
Alternative names that can be used for conservators include:
- Guardians
- Fiduciaries
- Trustees
This article explains in detail what conservators do and how they might attain these responsibilities. Read on to learn more about how conservatorship is legally granted, what duties a conservator has to perform for an individual, and when this form of protection is usually granted to the conservatee.
When Is a Conservatorship Granted?
There are a few scenarios where conservatorship may be granted. A conservator might be appointed when an individual is:
- Disabled and unable to take care of themselves
- Mentally incapacitated through illness or old age
- Fully incapacitated
- Unconscious or in a coma
- A minor with no legal guardian
In all cases, the conservatorship is granted when the person in question is not able to take care of their own basic needs. Each case has to be assessed by a probate court or family court before this duty of care can be legally appointed.
What Types of Conservatorship Exist?
There are two main types of conservatorships. They are probate conservatorship and LPS conservatorship.
Probate conservatorship is the most common form of authority granted across the United States. They can be general or limited conservatorships. Conservators under this system are appointed by the conservatee’s state of residence and can apply either for short or long-term durations, depending on the judge’s verdict.
Full conservatorship means that the guardian controls all aspects of the ward’s wellbeing. Limited conservatorship, on the other hand, only grants the conservator authority over specific aspects of the conservatee’s life.
- General Conservatorship (or Plenary Conservatorship). Granted by a court when an individual is deemed unable to provide properly for their personal needs for physical health, food, clothing, or shelter or to manage their own financial resources.
- Limited Conservatorship. Granted when a ward is found to be mentally disabled but has some ability to care for themselves or manage their financial resources.
LPS or Lanterman-Petris-Short Act is a type of probate that only applies in California for individuals undergoing involuntary treatment for mental health issues. It must be renewed by the conservator on an intermittent basis rather than continuing indefinitely [2].
What Are the Responsibilities of a Conservator?
A conservator has many personal and fiduciary responsibilities for the conservatee. Some of the most important duties that a guardian will have to perform for an incapacitated or mentally incompetent individual include:
- Financial tasks: A conservator of the estate is responsible for managing banking, money, investments, and property on the conservatee’s behalf
- Physical health: A conservator of the person makes healthcare and residence decisions for the ward
A ward may need one or both types of conservators. One individual may perform both of these roles, or two people may serve in either capacity [3].
How Is a Conservator Appointed?
State courts need to be petitioned in order for a conservator to be appointed. The final process will always depend on the state laws that apply to the case. However, the path to conservatorship normally follows these steps:
- A court order is created to rule on whether a conservatorship should be created for the affected individual.
- Medical evidence should be identified and gathered to confirm the need for a conservator to be appointed.
- The potential ward can present their case if they disagree with the appointment.
- The court considers the intricacies of the case and makes a decision on whether or not to appoint a guardian and what duties they will be required to carry out for the conservatee.
Conservatorship Vs. Power of Attorney
A conservatorship has many features in common with Durable Power of Attorney documents. Both allow someone other than yourself to make essential welfare decisions for you. However, there are some key differences.
An agent acting under the Power of Attorney can be chosen by the person needing care. It is an essential part of estate planning and can be arranged years before the principal falls into mental incapacity.
Conservatorship, on the other hand, is not voluntary. It is a court-mandated process and the conservatee will not have a choice of who will be appointed conservator. Conservatorship can also override Power of Attorney if an Attorney-in-Fact (agent) stands down or is forced to retire by court order.
In some states, however, Power of Attorney documents do allow you to name your choice of guardian in the event of your agent being unable to perform their duties and should guardianship need to be granted. These legally recorded wishes will be taken into account if conservatorship needs to be awarded under any circumstances [4].
Get Your Power of Attorney Now
[1] Conservatorship. Cornell Law.
[2] Conservatorships. Superior Court of California: County of Marin.
[3] Probate Court User Guide for Conservators. Connecticut Probate Courts.