Conservatorships

When a person cannot handle their own personal and financial affairs, a conservator should be appointed. A conservator is a fiduciary, i.e. a person having a legal duty to act for and on behalf of someone else, and, most importantly, to act for and in the best interests of that person. The person for whom a conservator is appointed is called the ward. Conservatorships are generally created when the person is incapacitated due to mental illness, medical disability, or advancing age, and requires continual, daily assistance. A conservator is appointed by the court to handle the person's personal and financial affairs, and frequently to make medical decisions for the ward. Oftentimes, a conservatorship can be avoided by having the ward execute a Uniform Durable General Power of Attorney and Power of Attorney for Healthcare prior to the incapacity of the ward. Two physicians must provide reports that the ward is in need of a conservator. Once a Petition to Appoint Conservator is filed in the Probate Court, the Court will appoint a Guardian Ad Litem to represent the best interests of the ward. The Guardian Ad Litem is an attorney that will meet with the ward and family, review the medical information, and make a recommendation to the Court regarding the need for a conservatorship. If the ward is incapacitated or does not object to the appointment of a conservator, the matter is called uncontested, and the Court will appoint a conservator. If the ward does not want a conservator appointed, or if there is a dispute over who should be appointed as conservator, the matter is contested and the Court will have an evidentiary hearing prior to appointing a conservator. If the needs of the ward are not significant, the Court can form a limited conservatorship, wherein the ward can continue to participate in his own affairs with the conservator assisting the ward The conservator must develop and propose a Property Management Plan to the Court. The Property Management Plan itemizes the ward's assets, incomes and indebtedness. The goal of the Property Management Plan is to maximize the assets of the ward during the period of the conservatorship, including investing monies, selling unnecessary assets, and devising a plan for payment of the ward's debts. The Property Management Plan must be filed with and approved by the Court. Additionally, the conservator must file an inventory, setting forth all items owned by the ward. Finally, an annual status report must be filed with the Court, informing the Court of the continued need for a conservator, and updating the Court on basic information regarding the ward and the conservator. Annual accounting must also be filed with the Court, setting forth, in detail, each and every financial transaction made by the conservator for and on behalf of the ward.

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