Conservatorship

All of the information about Guardianship applies EXCEPT it refers specifically to an adult who is unable to manage his or her property or financial matters. 

A conservatorship is only needed if the Protected Person needs help managing money or property with a value of more than $10,000. If there is a Representative Payee for Social Security or the Trustee or a Trust for the benefit of the Protected Person, you likely do not need to have a Conservator appointed for those roles.

A Conservator can be any adult, but the law created a list of priorities, such as a parent, spouse, or relative. If a family member is unable to serve, a licensed fiduciary (a licensed professional) may serve as Conservator.

The Court Process

In order to be appointed you must:

• Not have a felony conviction
• Obey all court orders
• Make sure the Protected Person is in the least restrictive environment where the person is safe
• Encourage the Protected Person to maximize his/her independence

Attorney for the Protected Person

An attorney will be appointed for the proposed Protected Person by the Court. Do not find an attorney on your own- the court has a process for appointing an attorney.

Court Investigator

This person works for the court and you do not select them. The attorney and court investigator will meet with the proposed Protected Person to determine:

• Does the person need a Conservator?
• How much can the person participate in the proceedings?
• Do they agree to have a Conservator appointed?
• Is the person willing to allow the Petitioner to be the appointed Conservator or do they want to nominate someone else?

After all of the above happens there will be a court hearing for the appointment and you will have to give sworn testimony. These hearings are relatively informal.

Once you are appointed you will have some on-going responsibilities to the court.

• File an annual accounting for a conservatorship
• If you change your address notify the court within 10 days
• Should the Protected Person's permanent address change notify the court within 3 days