Conservatorship

• A conservatorship is a court approved decision which allows individual to make financial decisions for another person and to protect the income and assets of that person.
• The appointed person making the financial decisions is the conservator.
• The person whose assets are controlled is the protected person.

• The conservator is authorized to do the following:
  • Invest the protected person’s assets
  • Make gifts on behalf of the protected person
  • Make necessary payments and pay bills
  • Use the protected person’s income or property to provide for anyone else the protected person must support
  • Settle claims by or against the protected person
  • Sell, mortgage, or lease the protected person’s property

• To establish a conservatorship a judge must determine that the protected person is not capable of making their own financial decisions.
  • In order for a protected person to have a conservatorship, specific documents must be filed with the court.
    • First, a Petition is filed. A Petition is the legal document that asks the court to take action.
      • A person with an interest in the well-being of another adult will file a Petition with the court.
    • Next, after the Petition is filed, the person who may be the protected person will get a copy of the petition telling them they have 20 days to file an Answer.
      • An Answer is a response to the Petition. The Answer should state whether the person agrees or denies with the statements in the Petition.
  • After the Petition and Answer are received there is a hearing.
  • The court will set the time and place for the hearing. It is usually 20 or more days after notice is given to the respondent (potential protected person)
  • At the hearing, the court will consider the reasons why the petitioner (person who filed the petition) believes a conservatorship is needed.
• The court will also consider any evidence that the proposed conservator will not be a good conservator for the respondent.

• The respondent and potential protected person has the right to legal representation. The court may appoint an attorney.
  • Information about the fees and costs that can be associated with establishing a conservatorship can be found by following this link.
  • For more information about court fees and legal representation, contact the court where the petition was filed.
• The potential conservator must file a plan or report with the court stating how they will implement and maintain the income and assets. Similar reports will need to be filed each year if the conservatorship is granted.

The respondent and potential protected person may object to the petition. At the hearing evidence can be presented to the judge showing why a conservatorship isn’t necessary.

A conservator is prohibited from making any decision that is not defined and explicitly granted by the court. It will be different for every person.

A protected person can petition for a modification of the conservatorship.

• The protected person dies.
• The court finds that a conservatorship is not needed for any other reason.
• The court finds that the basis for appointing a conservator is no longer satisfied.
• The court finds all of the following:
  • The value of the person’s property is not large enough to justify what it costs to oversee their property,
  • The conservatorship is not in the best interest of the protected person, and
  • There is a better option for managing the protected person’s assets.