Understanding Conservatorship: Legal Guardianship for Incapacitated Adults

A conservatorship (called "guardianship" in some states) is a court-supervised legal arrangement where a conservator is appointed to manage the affairs of a conservatee (protected person) deemed unable to do so due to mental or physical incapacity.

Types of Authority

• Conservatorship of the Estate: Financial decisions—bills, investments, benefits, taxes, property.
• Conservatorship of the Person: Personal/medical decisions—residence, healthcare, daily care.
• Can be combined or separate; limited or full.

Establishment Process

1. Petition filed in probate court (usually by family member).
2. Court investigator evaluates conservatee's capacity.
3. Hearing with evidence; conservatee has right to counsel.
4. Judge determines necessity, scope, and appoints conservator.
5. Conservator posts bond, files inventory, and submits periodic accountings.

Conservator Duties & Standards

• Fiduciary duty: act in conservatee's best interest, avoid conflicts.
• Prudent management of assets.
• Regular court reports (financial & personal).
• Seek court approval for major decisions (sale of home, major medical).

Alternatives (Less Restrictive)

• Durable Power of Attorney (financial)
• Advance Health Care Directive / Medical Power of Attorney
• Supported Decision-Making Agreements
• Representative Payee (for Social Security)
• Trusts

Oversight & Termination

• Court monitoring; interested parties can petition for review.
• Ends at conservatee's death, capacity restoration, or court order.

Conservatorship is a serious deprivation of rights. It should be a last resort after exploring less restrictive options.