Either an individual or a corporation with general power to serve as a trustee may be appointed conservator for a protected person. A conservator has power to invest funds of the estate and to distribute sums reasonably necessary for the support, care, education or benefit of the protected person and any legal dependents of the protected person. Only the money and property falls within the conservator’s jurisdiction. Unlike a guardian or conservator of the person, a conservator of the estate has no power or responsibility over the individual. Involuntary commitment is a proceeding brought to institutionalize a person thought to be a danger to him or herself or to society and is subject to even more rigid guidelines due to the needs of due process.Ĭonservator of the Estate versus Conservator of the Person:

Often, these powers will also include the authority to make medical decisions.Īs to conservatorship of the estate, the person appointed is required to handle all economic decisions necessary to protect and maximize conservatively the assets of the ward and to pay from the assets of the ward the various expenses incurred. When the court orders the establishment of a conservatorship over the person, after a hearing it will appoint a conservator and grant that person the authority to make all necessary decisions to properly provide food, clothing and shelter for the ward. The petition to create a conservatorship is usually filed by a loved one or family member who recognizes the ward’s inability to provide for his or her own needs but note that the petition can be filed by the State if there is no relative available to take the step. To establish a conservatorship over the person, the court must find that the ward (the person for whom the conservatorship is to be established) is substantially unable to provide for their food, clothing, safety and shelter. See our article on Disputes Between Wards and Guardians. This can sometimes lead to disputes between the ward and the conservator as to what is appropriate.

Conservatorship over the person creates a fiduciary duty to care for the health and welfare of the ward. Many times, one conservator will be appointed the conservator over the person (personal care) and estate (assets) of the ward.Ĭonservatorship over the estate creates a fiduciary duty to care for the assets of the ward. There are generally two kinds of conservatorships: over the person and over the estate. In general, a conservatorship is established over an adult, while guardianships apply to minors. The law recognizes that fact and imposes complex procedural requirements before the State or another person can assume power over the actions of another or responsibility for making decisions for another. We all value our own mental health and freedom to control our own lives as the most precious gifts we possess.

Stay committed