Conservatorships Of Incapacitated Individuals

If you have a loved one who can no longer properly handle their financial affairs, they may need a Conservator.

I can assist you in the following ways:

• Explain the duties of a Conservator
• Help you determine if a Conservator is necessary
• Prepare, file and serve the Petition for Conservatorship
• Represent you at the Hearing 
• Help you set up your files and records to facilitate easier annual accountings
• Assist you in filing your Annual Accounts
• Represent you at Hearings to have your Accounts approved by the Court
• Serve your Annual Fiduciary Account on the interested persons who must, by law, receive them

Common Questions and Answers

What is a Conservator?

A Conservator is a person who has been appointed by a Probate Court to make decisions about the estate and financial affairs of another person.

When is a Conservator needed?

• An individual is unable to manage property and business affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power or disappearance; and
   

• The individual has property that will be wasted or dissipated unless proper management is provided, or money is needed for the individual’s support, care, and welfare or for those entitled to the individual’s support, and that protection is necessary to obtain or provide money;

OR

• When a person who is otherwise mentally competent, but due to age or physical infirmity is unable to manage his or her property and affairs effectively and who, recognizing this disability, requests a conservator’s appointment. 

Steps Necessary to Become a Conservator

• File a Petition in Probate Court asking to be appointed as Conservator
• Serve the Petition and Notice of Hearing on your loved one and all other interested persons (examples:  Spouse, children, heirs, and beneficiaries). 
• Attend the Hearing
• Testify at the Hearing or provide other witnesses that will give the Court clear and convincing evidence that your loved one is unable to manage her financial affairs and that a Conservator is necessary to manage her financial affairs or else the property will be wasted or dissipated (or that the person has asked for the conservatorship, see above).

Any interested persons may also attend the hearing and object to your Petition and present testimony.  Your loved one will either hire an attorney or be appointed one by the Court.  This attorney is called the Guardian ad Litem.  After hearing all testimony and reviewing any evidence, the Court will determine whether a Conservator is needed, if it should be a full or limited Conservatorship and if you will be the Conservator. 

If you are appointed Conservator:

• You will receive Letters of Conservatorship that gives you title of your loved one’s assets, it also gives you the authority to act on behalf of your loved one for all financial matters, unless the authority given is specifically limited by the Court.
• You must learn your duties as Conservator.
• You must file an Inventory of estate assets within 56 days of Appointment.
• You must keep accurate records of all assets, income and expenses of the estate.
• You must preserve and manage the estate.
• You become a fiduciary of your loved one’s estate and are subject to the Court’s jurisdiction for failures to perform your duties or for any fraudulent acts against the estate.
• You must file an Annual Account with the Court and serve it on your loved one and all the interested persons.
• You must appear at Hearings to review your Accounts (it is advisable to petition the Court annually to have your Accounts allowed).

To learn more about acting for disabled adults, download a pamphlet (in .pdf format) by clicking here.