A Conservatorship is a judicially created relationship where an adult is made officially and legally "responsible" for the care of another adult. There are three types of general conservatorships:

1. Conservatorship of the person
2. Conservatorship of the Estate
3. Conservatorship of person and estate.

A conservatorship becomes necessary when a person is so incapacitated, either medically or mentally, that he or she can neither manger his/her own general life affairs nor make basic decisions about his or her own well-being. The person who is the caretaker is called the conservator, and the person who is being taken care of is called the conservatee.

Many people think that a valid power of attorney document can authorize the holder of that power to accomplish certain tasks typical of a conservator. However, this is a misconception. A power of attorney document cannot prevent the person who needs care from contracting, conveying property or marrying. A conservatorship is a more authoritative label, and will allow the conservator to void any transaction the conservatee may make while legally incapable of making such decisions.

The conservatorship proceeding begins with a petition filed with the court, followed by an investigation by a court investigator and a court hearing. Many factors can affect a conservatorship. This process is not necessarily totally involuntary. The person who is being petitioned can object to the proceeding, and if he or she does, the court will appoint counsel to protect his or her interests.

There are several legal duties associated with a conservator. For instance, he or she is required to provide accountings that give details of the conservatee' assets, and how the conservatee's money was spent. The court will also generally require that the conservator of the estate to post a bond for security reasons. The conservator is paid by the conservatee's estate and the court oversees the process of paying the conservator to be sure that the fees are reasonable.

A conservatorship must continue until the court orders the conservator relieved from his or her duties. This can happen if the conservatee dies; if the estate is used up; if the conservatee regains his or her capacity; and if the conservator becomes unable or unwilling to act. In the last situation, the court will assign a successor conservator.

If you have a loved one who may be in this situation, we understand that this is a very difficult time for everyone involved. We have seen many of these, so do not feel as though you are the only one faced with it. Contact Mansell & Mansell, and we will take care of the rest.