Frequently Asked Questions:  Conservatorships

 
WHAT IS A CONSERVATORSHIP?
A conservatorship is a legal relationship established by the court for the benefit of a designated individual- the "conservatee."
 

WHAT IS THE PURPOSE OF A CONSERVATORSHIP?
In a conservatorship, a person- the "conservator," can be appointed in order to take care of the conservatee- a "conservator of the person," or take care of the conservatee's assets- a "conservator of the estate."
 

HOW DOES THE COURT DECIDE THAT A CONSERVATORSHIP IS NEED?
In order to establish a conservatorship of the person, it must be shown that the proposed "conservatee is incapable of taking care of his or her physical needs such as in the case of a person with dementia, and there are no other alternatives available. In order to establish a conservatorship of the estate, it must be shown that the proposed conservatee is incapable of handling his or her own affairs or cannot resist manipulation and there are no alternatives available.
 

HOW IS A CONSERVATORSHIP ESTABLISHED?
A petition is filed with the court requesting that a conservatorship be established for the propose conservatee. An investigation is conducted and if the court finds that the the proposed conservatee is incapable of taking care of his or her own physical needs and/or taking care of his or her won affairs, a conservatorship is established.