Guardianships & Conservatorships

What is a Conservatorship?

A conservatorship is a court order that a person deemed fully or partially incapable to taking care of themselves any longer or for a particular period of time, be subject to the legal control of another person. The Estate Planning Legal Center, APC does conservatorships throughout each year for parents of her clients and many families with special needs children that have turned eighteen.

Who is the Conservatee?

The person who is unable to take care of themself and is the subject of the conservatorship proceeding.

Conservatorship of the Person

A conservatorship of the person is where another person is appointed to be responsible for the personal care of another, the conservatee. When granted a conservatorship of the person, you will be in responsible for determining where the conservatee resides, what they eat, where the go to the doctor, meals, clothing, etc.

Conservatorship of the Estate

The conservator of the estate is responsible for the assets and finances of an incapacitated person.
Many jurisdictions use the term “guardian of the person” to refer to the same legal principle. A court must be petitioned in order to be appointed a conservator for another person.

Conservatorship vs. Guardianship

A conservatorship is for somebody that is incapable of taking care of themself and is over the age of eighteen. A guardianship is for a person incapable of taking care of themselves under the age of eighteen. When a special needs child turns eighteen years of age the parents must now petition the court for the conservatorship in order to retain the rights over their child’s finances and person.

  • Some examples of why people may need a guardianship or conservatorship
  • Who have physical or mental problems that prevent them from managing their own financial affairs
  • Who have no person already legally authorized to assume responsibility for them
  • Where other kinds of assistance with financial management will not adequately protect them.