A conservatorship is a court proceeding where a judge appoints one person, called a “conservator,” to manage the affairs of another person, called the "conservatee." A conservatorship may become necessary because of an accident, illness, dementia, or other impairment. A court may appoint a conservator of the person, estate, or both.
Conservatorship of the Person
A conservatorship of the person may become necessary when an individual cannot provide for his or her own food, shelter, and other basic needs. A conservator of the person is responsible for the care, custody, and control of the conservatee. He or she has the authority to fix the residence of the conservatee, obtain medical records, communicate with health care providers, and consent to medical treatment. This is particularly helpful if your loved one is in a nursing home or assisted living home, or needs continuous monitoring of a serious health condition.
Conservatorship of the Estate
A conservatorship of the estate may become necessary when an individual becomes unable to manage his or her own finances, or resist fraud or undue influence. A conservator of the estate has the authority to manage and control the conservatee’s assets, pay the conservatee’s debts, collect the conservatee’s income, and apply the income from the estate for the maintenance, support and education of the conservatee.
Hempel & Mudd Law can identify whether a conservatorship is necessary and, if so, we can guide you through the process. We understand the challenges presented by the incapacity of a loved one, and we have the expertise and experience to help you through this difficult time.