What is a conservator?

A conservator is a person who has been appointed by a court of law to supervise and protect a person with a disability. The court will issue an order describing the extent of the conservator’s authority over the person with a disability. Usually this means the conservator will have the ability to authorize medical care and maintain the person’s finances.

How does a conservator get this power?

Anybody who knows that a person with a disability is in need of assistance can ask a probate court to find that the person needs supervision and to appoint a conservator to help. Whoever asks the court does not need to have any type of relationship with the person. It could be a friend, relative, member of a church, or anybody else who recognizes the person with a disability is unable to manage his own affairs.

The court will rely on testimony by whomever filed the papers with the court, plus testimony by doctors or psychologists. The court may also appoint a temporary guardian to investigate the situation and make his own recommendation to the court. In addition, the person with the disability is entitled to have an attorney appointed to help him maintain his rights.

Once appointed, the conservator will receive “letters of conservatorship”, which authorize him to make necessary decisions for the person with a disability.

Can the person with the disability still make his own decisions?

No. The court will remove certain rights from the person and place those rights in the conservator. For example, if the person with a disability is unable to manage money, the court may remove his right to enter contracts and access his bank accounts. This is to help the conservator protect the person from people who will treat him unfairly. However, the conservator can still give the person money from time to time so he can make smaller purchases.

Of course, the conservator should always keep the person’s desires in mind when making decisions for them.

Who can be the conservator?

When deciding who will be the conservator, the court will look at several options. First, the court will look to see if the person with the disability has expressed a preference. For example, when executing a power of attorney, the person can specify that if they become incapacitated and a conservator is nominated, they would prefer that their agent also be named conservator.

Next, the court will look to the spouse, then the children, then other family members of the person. If none of the above are willing or able to serve, the court can look to any other person or even appoint a professional conservator.

What else must the conservator do?

Depending on the situation, the conservator may be required to be bonded. A bond is an insurance policy that will replace the assets of the person if the conservator acts inappropriately with the person’s assets. Normally, the court will require the conservator to file an annual accounting showing how the person’s income and expenses were managed during that year.

When does the conservatorship end?

If the person becomes competent and able to handle his own affairs, the conservator will no longer be needed. This most often happens when the person recovers following an illness or accident. In this case the person would have to go back to court and ask that the conservator be removed.

Also, the conservatorship ends when the person with the disability dies and will no longer have the power to handle the person’s affairs. A request should be made to the probate court to nominate a personal representative to settle the person’s estate.

When a conservator is dismissed, he will be required to file an accounting with the court showing how all the assets and expenses were handled or maintained.