A guardian or protector appointed by a court to manage the affairs of an individual who isn’t capable of managing his/her own affairs. A conservator is a person appointed by a court to manage the financial and/or personal affairs of an individual who is unable to do so themselves, typically due to incapacity or disability. The conservator is responsible for making decisions on behalf of the individual and must act in their best interests. The appointment of a conservator is a legal process that involves a court hearing and the individual’s rights and preferences are taken into consideration.
n. a guardian and protector appointed by a judge to protect and manage the financial affairs and/or the person’s daily life due to physical or mental limitations or old age. The conservator may be only of the “estate” (meaning financial affairs), but may also be of the “person” when he/she takes charge of overseeing the daily activities, such as health care or living arrangements of the conservatee. The process is that a relative or friend petitions the appropriate local court for the appointment of a specific conservator, with written notice served on the potential conservator. The object of this concern is to be interviewed by a court-appointed investigator to determine the need, desire, and understanding of the potential conservator as well as the suitability of the proposed conservator. An open hearing is held before the appointment is made. The conservator is required to make regular accountings, which must be approved by the court. The conservator may be removed by order of the court if no longer needed, upon the petition of the conservatee or relatives, or for failure to perform his/her duties.
- One who conserves, preserves, or protects something.
- A person appointed by a court to manage the affairs of another; similar to a guardian but with some powers of a trustee.
- An officer in charge of preserving public peace, such as a justice or sheriff,.
- A judge delegated by the pope to defend certain privileged classes of persons from manifest or notorious injury or violence without recourse to a judicial process.
- A professional who works on the conservation and restoration of objects, particularly artistic objects.
Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a “conservator of the estate.” One who takes care of personal matters, such as healthcare and living arrangements, is known as a “conservator of the person.” Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee member, or curator.
A conservator is a person or entity appointed by a court to manage the personal and/or financial affairs of an individual who is unable to do so themselves due to incapacity or disability.
Any competent adult can potentially be appointed as a conservator, including family members, friends, or professionals such as attorneys or financial advisors. However, the court will consider the best interests of the incapacitated individual when making the appointment.
A conservator has various responsibilities, depending on the specific terms of the conservatorship order. These may include managing the individual’s finances, paying bills, making investment decisions, arranging for medical care, and ensuring their overall well-being.
The duration of a conservatorship can vary depending on the circumstances. It may be temporary, such as when the individual is recovering from a temporary incapacity, or it can be permanent if the individual’s incapacity is permanent.
Yes, a conservator can be held financially liable if they act negligently or fraudulently in managing the individual’s finances. They have a fiduciary duty to act in the best interests of the incapacitated individual and can be held accountable for any breaches of that duty.
Yes, a conservator is generally entitled to reasonable compensation for their services. The specific amount and method of compensation may be determined by the court or outlined in the conservatorship order.
Yes, a conservatorship can be terminated if the incapacitated individual regains capacity or if it is determined that the conservatorship is no longer necessary. This typically requires filing a petition with the court and providing evidence to support the termination request.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 11th April, 2024.
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