Elderly or infirm people sometimes reach a stage of life when they are not able to exercise good judgment or act for themselves.  They may be unable to manage their own financial affairs.  When this happens, they are deemed Legally Incompetent.  When this is the case, an interested family member may be appointed by the Court to act on behalf of the incompetent person, or act as Conservator, and look after the Incompetent person, who is referred to as the "Ward."  A Court-appointed Conservator can make legal, financial, and health care decisions for the Ward. However, the Conservator must regularly report to the court and may be removed if he or she does not adequately take care of the Ward and comply with legal rules and requirements for the Conservatorship.  A Conservator owes a "fiduciary duty" to the Ward.  This means that the Conservator must act honestly and in good faith and only for the benefit of the Ward.  The Conservator can be held legally liable if advantage is taken of the Ward, or if due care is not exercised for the benefit of the Ward.  When the Ward is a minor, the person in charge is called a Guardian.  The responsibilities of a Guardian are similar to those of a Conservator.

A Conservatorship of the "estate" is when the Conservator only has control over the Ward's financial affairs.  A Conservatorship of the "person" is when the Conservator has control over the Ward's physical well-being.  When the Conservator has control over the financial affairs and the physical well-being of the Ward, it is called a "Conservatorship of the person and the estate."

If you have questions about a Conservatorship or Guardianship, please feel free to give us a call at 1-800-306-6010 or contact us online.