If you cannot manage your personal or financial affairs, a conservatorship may be established to provide for this. The court determines the conservatee's degree of control over the conservator. Creating a conservatorship in one state may not be the same as doing so in another. Therefore it's essential to consult a local attorney before taking any action. What you need to know is below.

A Conservatorship: What Is It?

In a conservatorship, one person is appointed by the court to handle all of a protected person's legal affairs. Taking charge of a person's life and finances is often a law requirement. Conservatees are the people whose lives a conservator is responsible for overseeing, while conservators and guardians are the people who have been granted that responsibility.

A full conservatorship gives the guardian the same authority over the conservatee that a parent would have over a minor child. Laws regarding conservatorships vary from one state to the next. However, a court can usually award a temporary or permanent conservatorship in most situations.

The Role of the Conservator

For the conservatee's benefit, the conservator bears various duties. The conservatory also has to act in the best interest of the conservatee rather than in the conservator's own. A conservatory can be dismissed if a judge determines they are not acting in the conservatee's best interest.

A conservator who acts as the conservatee's financial manager is called a "financial conservator." The conservator is responsible for handling the conservatee's financial matters, such as tax returns and bill payments. It also entails taking care of the conservatee's day-to-day finances, ensuring they have adequate money for food and other necessities.

Conservatorships: Their Varieties

Different conservatorships provide varying levels of responsibility to the conservatee. Here are some examples of the many forms of conservatorships:

Physical

If someone is designated as a "physical conservator," that person has the legal right to make all medical and lifestyle decisions for the conservatee. The conservator must rely on their guardian to make meaningful life and health choices for them.

Financial

This conservatorship gives the guardian complete authority over the conservatee's financial affairs. They are responsible for caring for the conservatee's day-to-day financial needs, including ensuring they have adequate money to cover expenses. While under a financial conservatorship, the conservatee does not have access to their funds without the guardian's permission in writing.

General

When it comes to conservatorships, this is the most all-encompassing option. The conservator has full authority over the conservatee's money, medical care, and other major life decisions in a general conservatorship.

Limited

A conservatee's conservator has restricted powers under a limited conservatorship. It often emphasizes delegating limited responsibilities to the guardian.

How Does A Conservatorship Differ From A Guardianship?

An individual is appointed conservator of a minor's or disabled person's financial affairs by a court order. Appointing a caretaker to oversee a minor's or incapacitated adult's health and well-being is a joint function of guardianship. A single individual can do both functions.

Who Does a Conservator Work For?

The function of a conservator is one that the court must appoint. A conservator oversees a minor's or incapable adult's financial and personal matters. The court will review the conservator's actions. For instance, conservators are typically asked to prove that they handled the conservatee's funds responsibly.

The Conservator's Authority: What Can They Do?

The person-appointed conservator often retains authority over the conserved individual in the following areas. To set up the conditions for them to:

• Housing
• Medicine and Healthcare
• Meals
• Health and Hygiene
• Housekeeping

What Duties Does a Conservator Have to Fulfill?

If you've been appointed conservator, it's up to you to make important life choices for the person you're charged with caring for. The court can enforce this on its own. If you don't behave in the best interests of the conservatee, the conservatee can sue you, and so can any family members or other parties who may have been harmed. Bills, taxes, and the conservatee's investments are just some of the responsibilities of a financial conservatorship.

Legal Protections for a Conservator

As a conservator, you should always get a court order, especially when making significant decisions. If you tell the court all you know, it will back your decisions. Conservators can get compensated for their services. You can get paid to manage the conservatee's finances, even if you're a family member or friend.

Since you'll need to submit proof of your time working to the court before you can collect any compensation, it's essential to keep detailed records of how much time you spent on the case and your activities throughout that time.