Conservatorships are the legal proceeding in which the court authorizes someone (the Conservator) to manage health care, legal and financial matters for an adult who cannot do so independently (the Conservatee). Conservatorships are often sought for children who are turning 18 who have special needs, or elder or incapacitated adults who can no longer control their physical or financial matters. There are two types of Conservatorships – one controls the physical decisions over ones ‘person’, such as health, contracting and legal decisions (called a Conservatorship of the Person). The second controls the assets and financial decisions of an individual (called a Conservatorship of the Estate).
Conservatorships of the Person can be Limited or General. A General Conservatorship has no limits, however, a Limited Conservatorship can specify the powers a Conservator has over the Conservatee’s legal ability to do such things as make housing and education decisions, consent to marriage, medical decisions, and the right to be bound contractually, among others. Everyone’s situation is unique and should be evaluated by an Estate Planning Attorney experienced in Conservatorships.