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Conservator’s Responsibilities

Types Of Conservators

Conservatorship of the Person: The conservator of the person is responsible for the management of the conservatee’s daily needs and regular care. This often includes decisions around food, clothing, living quarters, recreation, and any special needs or medical assistance.

Conservatorship of the Estate: The conservator of the estate is responsible for the management of the conservatee’s financial assets. This may include managing investments, paying bills and receiving income, and locating or protecting assets.

What Does The Conservator Of The Person Do?

The conservator of the person is responsible for their conservatee’s care and protection.
The conservator of the person is responsible for the safety and comfort of the protected person. He or she arranges care for the conservatee. This may include arranging for companions, aides or skilled nursing at the conservatee’s home, or may require moving the conservatee to a board and care or skilled nursing facility.

How does the conservator decide where the conservatee will live?
A conservator has a duty to let the conservatee live in the least restrictive housing that is safe and affordable for the conservatee. A conservator should only move the conservatee out of his/her home if the home is not safe for the conservatee to live in, or if assets are not sufficient to enable the conservatee to stay there. As an extra safeguard, a decision to sell the conservatee’s home will usually require court approval.

Who arranges a conservatee’s health care?
The conservator of the person arranges health care for the conservatee and has a duty to ensure transportation is arranged for appointments and that necessary supervision is available to ensure sure the conservatee takes his or her medications properly.

Does a conserved person end up with a restricted life?
The conservator of the person should work to ensure the conservatee remains as mentally and physically active as possible, encouraging the conservatee to engage in recreation and connect with friends.

To help make the conservatee’s life as normal and pleasant as possible, the conservator should also make sure that personal care is available for the conservatee, including haircuts, nail trims, salon visits, and similar services.

If a conservator is properly performing his or her duties, the conservatee will continue to engage in the types of activities and social involvement he or she enjoys as long as he or she is physically and mentally able to safely do so.

What Does The Conservator Of The Estate Do?

To “conserve” means to avoid waste. A conservator of the estate is a person appointed by the court to manage the financial resources of an incapacitated person so that person can have a safe, comfortable life, while avoiding financial pitfalls, such as fraud and financial elder abuse.

Who needs a conservator of the estate?
When a person cannot remember to pay bills, or can easily be lured into a scam, they may need someone else to handle finances for them.

What does a conservator of the estate do?
A conservator of the state will handle all financial matters. He or she will receive all income, whether pension, interest or rental income, and will be responsible to ensure all bills are paid. If necessary, a conservator of the estate will make sure an ongoing business or rental property is properly managed.

Does anyone supervise a conservator of the estate?
One of the advantages of designating a conservator is that conservatorships are court-supervised. Conservators must account to the court for their actions and cannot pay themselves without court approval.

What are the disadvantages of designating a conservator of the estate?
The complicated court reporting requirements can make a conservatorship expensive. Even if a family member is willing to serve as conservator without pay, they will usually need to have an attorney ensure they fulfill legal requirements properly.

How can I avoid having a court-appointed conservator if I become incapacitated?
By having your attorney draft a durable power of attorney now, while you are fully competent, you can choose a person (or persons) you trust to handle your finances later if you become unable to do so.

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