Purpose of a Conservatorship vs. Guardianship:
- Conservatorship – Oversight of Financial Affairs: A conservatorship grants the conservator control over the conservatee’s financial assets and transactions. This may include paying bills, managing investments, and safeguarding assets. EAS can serve as Conservator.
- Guardianship – Oversight of Personal Care: A guardianship involves making decisions related to the ward’s daily life, such as their living situation, medical treatment, and other personal matters.
Who May Need a Conservatorship:
- Elderly Individuals: Conservatorships are often used for elderly individuals who suffer from conditions like dementia or Alzheimer’s disease and are no longer capable of managing their own affairs.
- People with Disabilities: Individuals with physical or mental disabilities that impair their decision-making capacity may require conservatorships to ensure their well-being.
- Serious Illness or Injury: A person who becomes incapacitated due to a severe illness, injury, or coma may need a conservatorship until they recover, if possible.
- Substance Abuse or Mental Health Issues: In cases where a person’s substance abuse or mental health issues lead to an inability to make sound decisions, a conservatorship may be considered.
- Developmental Disabilities: Some individuals with developmental disabilities may need a conservatorship to manage their affairs throughout their lives.
How a Conservator is Appointed:
- Typically, a family member or close friend of the incapacitated individual petitions the court to establish a conservatorship. EAS may be appointed to serve as Conservator if no suitable family member or friend is available.
- The court evaluates the conservatorship request, often involving medical and psychological assessments of the conservatee’s capacity to make decisions.
- If the court determines that a conservatorship is necessary and in the best interest of the conservatee, it will appoint a conservator and grant them specific powers and responsibilities.
- Typically when EAS is appointed Conservator, a family member, or friend, or public agency is appointed as Guardian of the person to make decisions relating to their daily life, living situation and medical care.
Oversight and Reporting:
- Conservators are legally obligated to act in the best interests of the conservatee and must regularly report to the court about their actions and the conservatee’s well-being.
- The court maintains oversight to ensure that the conservator acts in accordance with the law and the conservatee’s best interests.
It’s important to note that conservatorships can be a complex and sensitive legal matter, as they involve significant control over a person’s life and assets. Conservatorships are subject to strict legal safeguards to protect the rights and well-being of the conservatee. Legal advice and guidance are essential when considering or establishing a conservatorship.
