Conservatorships

Most conservatorships start when a concerned person notices that a family member or friend appears to be having difficulty taking care of himself or herself, managing money, or resisting fraud or undue influence.  A conservatorship is a court proceeding designed to protect that individual.  A conservator may be appointed for the “person” and/or the “estate” of that individual. 

In a conservatorship of the “person”, a court-appointed fiduciary (typically another family member) is appointed as the “conservator”.  The conservator manages the personal care of the individual who cannot properly provide for his or her personal needs for physical health, medical care, food, clothing, or shelter.

In a conservatorship of the “estate”, a court-appointed conservator (typically another family member but, in some cases, a professional fiduciary) manages the financial affairs of a person who is unable to manage his or her own financial affairs.  The duty of the conservator is to protect, manage, and use the conservatee’s property for the benefit of the conservatee.  Usually, this entails paying the conservatee’s bills and investing the conservatee’s money.

The services we offer at Crosby & Farnum in the area of conservatorships involve the following:

1. Reviewing and explaining alternatives to a conservatorship proceeding.  Such alternatives include, but are not limited to, (a) a petition to determine legal capacity; (b) a petition to authorize a particular transaction involving a spouse or registered domestic partner who lacks legal capacity and has no conservator; (c) a petition for authority to consent to medical treatment; (d) a petition for authority to remove nonresident’s property to place of residence; and (e) a petition for order setting aside absentee’s personal property to absentee’s family.

2. Preparing the petition for appointment of a temporary guardian or temporary conservator, and related forms.

3. Preparing the petition for appointment of a probate conservator, and related forms.

4. Assisting the client in obtaining a bond and/or decreasing the amount of the bond by depositing funds in a blocked account.

5. Preparing the inventory and appraisal of the conservatee’s property.

6. Advising the conservator regarding: (a)  his or her responsibilities, duties, and powers; (b)  investments, deposits, and insurance; (c)  sales of real and personal property; (d)  creating wills or trusts for the conservatee by a proceeding known as “substituted judgment”; (e)  preparing and filing accountings; (f)  compensation for the conservator; and (g) termination of the conservatorship.

7. Limited Conservatorships for individuals whose developmental disability impairs their ability to care for themselves or their property.

8. Conservatorships for the gravely disabled under the Lanterman-Petris-Short Act.