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What is a Conservatorship?

Wed May 08 2024

Conservatorships have long been an important legal tool for families and individuals. While they’ve been around for far longer, the term has been popular in the media over the last few years with high-profile cases like Britney Spears catching attention.

A conservatorship itself is a legal status assigned to a person who will manage important affairs for a minor or person who needs such management. The most common situations are children or incapacitated individuals. However, adults can have a conservatorship when certain circumstances such as mental health, overall wellness, and other similar circumstances are present. Many families assign a conservator for aging parents in need through increasing medical and financial needs.

Some people aren’t aware of the many benefits of conservatorships and the recent negative news coverage of them has scared off potential benefactors. We want to reassure you there is a purpose and need for these. There are different types that serve different purposes depending on the conservatee.

Types of conservatorship

When it comes to conservatorship for individuals, there are several different types that can apply based on the specific situation. The types include:

  • Limited: a conservator is given limited control over a conservatee’s financial, medical, and/or business management
  • Temporary or short-term: set for a specific period of time where needs are present temporarily or while work to set up a full conservatorship is completed
  • Full or permanent: a conservator is appointed to oversee all management of a conservatee’s finances, medical decisions, and business management

These are each chosen based on the need present for an individual which can evolve over time.

Powers of a conservator

The conservator plays an integral role in the conservatee’s life. They will be responsible for ensuring the right decisions are made to keep someone’s life stable and progressing when the individual is unable to do so themselves. The powers include:

  • Financial management including debts, credit, investments, and other forms of money management
  • Health management including medication, surgical decisions, hospice, and other health duties
  • Physical decisions such as potential relocation or placement into a long-term care facility

The decision to establish a conservatorship is an important one for any individual who needs assistance making important decisions. However, even a permanent conservatorship can be altered or removed if an individual displays growth and the ability to control their own decisions.

Autonomy is important and it’s imperative to give individuals the ability to manage their own lives when able.

The legal team at Solan, Park & Robello understands the needs of individuals and the important role conservatorships can play in the lives of those in need. If you’re ready to establish or even change a conservatorship, call our offices. We can help take care of your future.