Conservatorships

A conservatorship is a court proceeding in which a judge appoints a responsible person (the “conservator”) to manage the personal and/or financial affairs of another individual (the “conservatee”) who is unable to do so. A conservatorship may become necessary due to illness, dementia, disability, or other impairment. The court may appoint a conservator of the person, the estate, or both. We also assist with limited conservatorships for adults with developmental disabilities, which are tailored to provide only the specific powers necessary to support the individual.

Conservatorship of the Person

A conservatorship of the person may be appropriate when an individual is unable to provide for their basic needs, including food, clothing, shelter, or medical care. The conservator of the person is responsible for the conservatee’s care and well-being, including making decisions about residence, accessing medical information, communicating with health care providers, and consenting to medical treatment.

Conservatorship of the Estate

A conservatorship of the estate may be necessary when an individual is unable to manage their financial affairs or is vulnerable to fraud or undue influence. The conservator of the estate is responsible for managing assets, paying debts, collecting income, and using those resources for the conservatee’s support and care.

Limited Conservatorships

A limited conservatorship may be appropriate for adults with developmental disabilities who are able to function with some level of independence but require assistance in specific areas. The court grants only those powers necessary to support the individual, allowing the conservatee to retain as much independence as possible. Limited conservatorships are tailored to the individual’s needs and may include authority over areas such as medical decisions, residence, education, and financial matters.

Conservatorships involve ongoing court supervision and can be time-consuming and complex. For this reason, many individuals engage in advance planning, such as trusts, powers of attorney, and health care directives, to avoid the need for a conservatorship where possible.

Hempel & Mudd Law can help determine whether a conservatorship is necessary and guide you through the process with care and efficiency. We understand the challenges that arise when a loved one becomes incapacitated, and we are committed to helping you navigate this difficult time.