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Incapacity - Conservatorship
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Conservatorship is a legal tool that involves appointment by the court of an individual or organization such as a bank and trust company, referred to in either case as a “conservator”, to be responsible for managing some or all of the property of another person, referred to as a “conservatee”, which the conservatee is not capable of managing. The conservatee can apply himself or herself for the appointment of a conservator. The court may determine that the ongoing services of a conservatorship are not required and issue an order for a “protective arrangement” to authorize a specific transaction or arrangement for the benefit of the protected person. The court may obtain a background study of the proposed conservator prior to the hearing. The proposed conservatee will be notified of the hearing in advance. The proposed conservatee has the right to representation by legal counsel, and may challenge the request for a conservatorship or the selection of a particular conservator. The court may require that a bond be posted to secure the conservator’s performance. The conservator must comply with a number of legal requirements and must file periodic reports with the court. Conservatorship can cover care of the conservatee’s property, personal arrangements and financial affairs.
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