Home Blog What is a Conservatorship?

What is a Conservatorship?

This page explains conservatorship, its types and key terms, and why you should hire a lawyer from ContractsCounsel for assistance.

Jump to Section

Quick Facts — Power of Attorney Lawyers

A conservatorship is a legal process where the court appoints a person to oversee the financial and personal affairs of an incompetent or incapacitated person. Families often use conservatorships to assist in controlling an adult child's growing medical, monetary, and intellectual fitness requirements. The individual’s potential to make independent decisions impacts the value of a conservatorship. Read the blog to learn about the intricacies of conservatorship.

Types of Conservatorships

The following are the different types of conservatorships:

  • General Conservatorship: The conservator in a general conservatorship has the authority to make choices regarding the conservatee's individual needs, medical care, and financial affairs.
  • Limited Conservatorship: A limited conservatorship is established when the conservatee can make some decisions but needs help in others. Only those necessary powers to help the conservatee are given to the conservator.
  • Temporary Conservatorship: When the pastimes of the conservatee must be safeguarded at once, a temporary conservatorship is formed. This conservatorship is often set up until something extra everlasting may be installed nearby, and it's far more effective for a brief period.
  • LPS Conservatorship: When an adult is gravely disabled by a serious mental health disorder or severe substance use disorder and needs involuntary treatment, a California LPS (Lanterman-Petris-Short) conservatorship may be set up. The conservatee's rights are safeguarded by this conservatorship, ensuring they get the care they require.
  • Probate Conservatorship: Adults who cannot care for themselves or their property may have a probate conservatorship established. When no other suitable legal structure is in place, this conservatorship is adopted.
  • Voluntary Conservatorship: A voluntary conservatorship is established when a conservatee willingly consents to appoint a conservator to handle their affairs. The conservatee must comprehend the nature and implications of the arrangement for this sort of conservatorship to be valid.

Key Responsibilities Managed During a Conservatorship

A conservator's job is to address someone's personal affairs, while that man or woman cannot do so alone. The duties and responsibilities of a conservator may vary depending on the form of conservatorship. However, in preference, they may consist of the following:

  • Financial Administration: The conservator is in charge of handling the financial affairs of the person under their care, which includes keeping a watch on their investments and finances, paying their payments, filing their taxes, and making sure that their primary necessities are covered.
  • Asset Protection : The conservator is responsible for safeguarding the owner's property, real property, investments, and valuable possessions. This entails ensuring the assets are kept in good circumstances, and the resources are not wasted or abused.
  • Legal Assistance: The conservator represents the person under their care in the courtroom and other legal proceedings as that individual's legal representative. This includes ensuring that their legal rights are upheld, and their options are considered.
  • Reporting to Court: The conservator is accountable for providing the court docket with regular updates on the condition of the man or woman under their care, which include monetary statements, care plans, and other pertinent information. This is done to guarantee that the man or woman in their custody gets the best care possible and that their belongings are being dealt with successfully.
  • Care Planning: The conservator is in charge of establishing and carrying out a long-term care plan, which incorporates seeing that the individual under their care receives important healthcare, academic, and other services. Working with clinical experts, social employees, and different support companies ensures that the person gets the best quality care possible.
Meet some lawyers on our platform

Steven S.

102 projects on CC
CC verified
View Profile

Daniel K.

9 projects on CC
CC verified
View Profile

Faryal A.

590 projects on CC
CC verified
View Profile

Zachary J.

753 projects on CC
CC verified
View Profile

How to Terminate a Conservatorship

Depending on the jurisdiction and the specifics of the conservatorship, there may be several legal procedures for dissolving a conservatorship. A conservatorship can be terminated in the following general steps:

  1. Analyze the Conservatorship. Determining if a conservatorship remains required is the first step closer to ending one. The conservatorship may be ended if the conservatee is now capable of managing their affairs or if a conservator is no longer required.
  2. File a Petition. A petition has to be submitted to the courtroom that first constituted the conservatorship to cease it. The grounds for terminating the conservatorship and any supporting paperwork must be included in the petition.
  3. Obtain the Conservatee's Permission. If the conservatee is capable of comprehending the effects of terminating the conservatorship, they might need to give their consent.
  4. Give Supporting Evidence. The court must be presented with evidence to support the termination of a conservatorship. It could also contain other pertinent data, such as financial statements or medical examinations.
  5. Notify All Parties Involved. All involved parties, which include banks, financial establishments, and other corporations that might have been concerned with the conservatorship, must be informed after the court has typically terminated the conservatorship.
  6. Complete Financial Transactions. The conservator may be required to make a final accounting and distribute any leftover assets to the conservatee or their chosen beneficiaries if the conservatorship involves handling the conservatee's money. Terminating a conservatorship can be complicated, so it's essential to speak with a lawyer or other legal expert knowledgeable about the rules and legislation in your state.

Why Hire a Lawyer for a Conservatorship

Although the procedure for requesting a conservatorship is relatively easy, there is much information to remember, forms to complete, and court appearances to make. A conservatorship lawyer is beneficial in this situation. Special needs, elder law, and probate lawyers often handle conservatorships. The following are the benefits of approaching a lawyer for conservatorship:

  • Filing the Documents: Numerous forms must be completed and submitted to petition for a conservatorship. If there are problems with these papers, the conservatorship application may be rejected. A professional conservatorship lawyer can assist an individual in completing all the papers that must be submitted to the courts for the conservatorship application procedure and ensure that they have the necessary information.
  • Saving Time: Above all things, a conservatorship lawyer can reduce stress and save time when applying for a conservatorship. Emotionally challenging for families is the change from independence to dependence on a parent or loved one. It can be quite challenging to navigate the legal system on top of the present emotional burden. A conservatorship lawyer can help navigate the process quickly and with few errors, which can save time.
  • Resolution of Conflicts: When there are disagreements among family members about how to care for or make decisions for a person, obtaining a conservatorship with the assistance of a lawyer can offer a legal framework for settling disagreements and providing clear standards for the person's well-being.
  • Legal Advice and Assistance: Setting up a conservatorship entails navigating challenging legal procedures and following strict state law standards. An attorney with experience in elder law, estate planning, or conservatorship issues may offer invaluable advice, walk an individual through the legal process, and make sure all required paperwork is produced accurately and filed correctly.

Key Terms for Conservatorships

  • Fiduciary Duty : A conservator must legally manage the conservatee's affairs properly and act in their best interests.
  • Conservatorship of the Estate: In this conservatorship, the conservatee's finances are managed, including bill payment and investment management.
  • Conservatorship of the Person: In this sort of conservatorship, decisions regarding the conservatee's course of treatment and end-of-life care are made on their behalf.
  • Court-Appointed: A conservator is selected through the court and must abide by all policies and guidelines pertinent to their function.
  • Termination: If the conservatee can manage their affairs or the conservatorship is no longer essential, it may be terminated.

Final Thoughts on Conservatorships

With the help of a conservatorship, a loved one's finances and medical concerns can be effectively managed. This is only done when the person can no longer make wise decisions. Talking with the prospective conservatee about that choice before a conservatorship is required is advisable. Note that state law and the court determine the members of a conservatorship.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Power of Attorney?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,827 reviews

Meet some of our Lawyers

Samuel R. on ContractsCounsel
View Samuel
5.0 (68)
Member Since:
October 2, 2021

Samuel R.

Attorney
Free Consultation
Phoenix - Arizona
7 Yrs Experience
Licensed in AZ, PA, UT
Widener University Delaware Law School

My career interests are to practice Transactional Corporate Law, including Business Start Up, as well as Real Estate Law, Estate Planning Law, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I currently serve as General Counsel for a bioengineering company. I handle everything from their Business Transactional Agreements, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing expert specialized legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I was selected to the Super Lawyers Southwest Rising Stars list for 2024 - 2026. Each year no more than 2.5% of the attorneys in Arizona and New Mexico are selected to the Rising Stars. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, and also trademark registration and licensing.

Recent  ContractsCounsel Client  Review:
5.0

"Sam was awesome to work with, super helpful, knowledgeable, and professional. Highly recommend."

Bryan B. on ContractsCounsel
View Bryan
4.9 (189)
Member Since:
October 1, 2020

Bryan B.

Lawyer
Free Consultation
Austin, TX
10 Yrs Experience
Licensed in TX
Penn State Law

Experienced attorney and tax analyst with a history of working in the government and private industry. Skilled in Public Speaking, Contract Law, Corporate Governance, and Contract Negotiation. Strong professional graduate from Penn State Law.

Recent  ContractsCounsel Client  Review:
5.0

"It was a pleasure working with Bryan. I highly recommend Bryan and will use his services in the future."

Diane D. on ContractsCounsel
View Diane
4.9 (13)
Member Since:
August 25, 2020

Diane D.

Attorney
Free Consultation
Central Florida
24 Yrs Experience
Licensed in FL
Nova Southeastern University

I am the Founder and Managing Attorney of DMD Law, PA. and have 20 years' experience. I am a business-oriented, proactive, and problem-solving corporate lawyer with in-house experience. My firm's practice focuses on ensuring the legalities of commercial transactions and contracts. I am adept at reviewing, drafting, negotiating and generally overseeing policies, procedures, handbooks, corporate documents, and contracts. I have a proven track record of leading domestic and international companies by ensuring they are functioning in complete compliance with local, federal and international law. I also help clients with their estate planning documents. In all projects, the firm's goal is to simplify the law and provide clients with the confidence and information necessary to make their decisions.

Recent  ContractsCounsel Client  Review:
5.0

"Diane was very patient with me and helped with a professional cease and desist letter."

Brad T. on ContractsCounsel
View Brad
5.0 (5)
Member Since:
August 21, 2023

Brad T.

Founder & Principal
Free Consultation
South Carolina
14 Yrs Experience
Licensed in SC
Charlotte School of Law (Juris Doctorte)

William Bradley Thomas, or Brad, is a seasoned attorney in South Carolina, offering expert counsel to both emerging and established businesses and individuals. His specialties encompass alcohol licensure, asset protection, business law, Counsel on Call Concierge Legal Service™, estate planning, NFA firearms trusts, legal research, and document review. Brad’s unique approach is informed by his rich experience and diverse background. Not only is he a devoted father to three daughters (Anna, Kate, and Jessica), but he also served as the assistant Oconee County, South Carolina attorney. A pioneer in the local industry, he co-founded Carolina Bauernhaus Brewery & Winery, the state’s first farmhouse brewery and winery. His other roles have included membership in the South Carolina Bar Association’s House of Delegates, a board member of the South Carolina Brewers Guild, and an affiliate member of the same organization. Moreover, Brad is a certified Design for Six Sigma (DFSS) Green Belt and has accumulated over a decade’s worth of experience conducting onsite audits and financial analyses on domestic and international secured credit transactions, totaling over $5 Billion across diverse industries. With such a comprehensive skill set, Brad can provide sound legal and business advice that can help you manage and expand your business operations effectively. He can assist with selecting and establishing the most appropriate legal entity for your company, securing and retaining federal and South Carolina alcohol licensure, securing company incentives, and drafting, reviewing, and negotiating favorable contracts. All these services are designed to minimize risk and maximize both earnings and tax savings. Brad also offers estate planning services. Recognizing that life’s ups and downs can sometimes distract from ensuring that your loved ones are well taken care of, Brad applies the same legal and business fundamentals to his estate planning practice. These services include the preparation of wills, NFA firearms trusts (gun trusts), power of attorneys, and advance directives. So when your day at the office is over, you can relax, knowing that your business is running smoothly and your family’s future is secure, thanks to a tailored estate plan. If you’re seeking a trusted ally to guide you in business and personal legal matters, contact Brad Thomas at bthomas@scattorneysatlaw.com or review his firms website at www.scattorneysatlaw.com and discover how he can help you confidently navigate and enjoy all aspects of your life!

Recent  ContractsCounsel Client  Review:
5.0

"Brad was responsive, professional and very helpful. I would definitely recommend him."

Daniel R. on ContractsCounsel
View Daniel
5.0 (188)
Member Since:
January 2, 2023

Daniel R.

Business and Real Estate Atttorney
Free Consultation
New York
30 Yrs Experience
Licensed in NY
New York Law School

NY Admitted Lawyer 20+ years of experience. Focused on Startups , Entrepreneurs, Entertainers, Producers, Athletes and SMB Companies. I have been a part of numerous startups as Founder, CEO, General Counsel and Deal Executive. I have been through the full life cycle from boot strap to seed investors to large funds-public companies to successful exit. Let me use my experiences help you as you grow your business through these various stages. We saw a market for an on-line platform dedicated to Virtual General Counsel Services to Start Ups and Private Companies.

Recent  ContractsCounsel Client  Review:
5.0

"Daniel did an excellent job, was very responsive, and I highly recommend his services."

Tayane O. on ContractsCounsel
View Tayane
Member Since:
December 4, 2023

Tayane O.

Attorney
Free Consultation
Boca Raton, Florida
9 Yrs Experience
Licensed in FL
Nova Southeastern University, Shepard Broad College of Law, Cum Laude

Tayane M. Oliveira is a founding partner at Vannucci Oliveira. With a concentration in family law, Tayane is renowned for her commitment to providing compassionate yet powerful representation to her clients. Her experience as an associate attorney at Brodzki Jacobs & Brook, coupled with her unwavering dedication to her clients' welfare, prepared her for her current role at Vannucci Oliveira. Tayane's academic achievements are a testament to her rigorous intellectual curiosity and dedication to her profession. She graduated with a Bachelor of Arts degree in Criminal Justice, supplemented by a minor in Psychology, from Florida Atlantic University in 2013. The culmination of her academic pursuit came in 2017, when she earned her Juris Doctor degree, cum laude, from the esteemed Nova Southeastern University's Shepard Broad College of Law. Before co-founding Vannucci Oliveira, Tayane honed her skills in the heat of the courtroom, representing clients in an array of general civil litigation matters. This diversified exposure instilled in her an ability to tackle complex legal challenges, a skill she employs to benefit her clients in family law. Originally from Brazil, Tayane brings an international perspective to her practice. When not delving into legal briefs or advocating for her clients, she indulges in travelling, reading, spoiling her puppies, and exercising, activities that not only rejuvenate her but also provide her with a broader perspective on the world and her practice. *Supreme Court Certified Portuguese Speaking Mediator

McCoy S. on ContractsCounsel
View McCoy
Member Since:
December 4, 2023

McCoy S.

Founding Attorney
Free Consultation
Portland, Oregon
35 Yrs Experience
Licensed in CA, NY, OR, WA
University of Virginia

P. McCoy Smith is the Founding Attorney at Lex Pan Law LLC, a full-service technology and intellectual property law firm based in Portland, Oregon, U.S.A and Opsequio LLC, an open source compliance consultancy. Prior to his current position, he spent 20 years in the legal department of a Fortune 50 multinational technology company as a business unit intellectual property specialist; among his duties was setting up the free & open source legal function and policies for that company. He preceded his in-house experience with 8 years in private practice in a large New York City-based boutique intellectual property law firm, working simultaneously as a U.S. patent litigator and U.S. patent prosecutor. He was also a patent examiner at the U.S. Patent & Trademark Office prior to attending law school. He is licensed to practice law in Oregon, California & New York and to prosecute patent applications in the U.S. Patent & Trademark Office; he is also a registered Trademark and Patent Agent with the Canadian Intellectual Property Office. He has degrees from Colorado State University (Bachelor of Science, Mechanical Engineering, with honors), Johns Hopkins University (Masters of Liberal Arts) and the University of Virginia (Juris Doctor). While in private practice, and continuing into his in-house career, he taught portions of the U.S. patent bar exam for a long-standing and well-known patent bar exam preparation course, and from 2014-2020 was on the editorial board of the Journal of Open Law, Technology & Society (JOLTS), and starting in 2023 will be on the editorial board of the American Intellectual Property Law Quarterly Journal (AIPLAQJ). He is the author or co-author of chapters on open source and copyright and patents in “Open Source Law, Policy & Practice” (2022, Oxford University Press). He lectures frequently around the world on free and open source issues as well as other intellectual property topics.

Find the best lawyer for your project

Browse Lawyers Now

See Real Power of Attorney Projects

Georgia Power of attorney insurance agreement form Drafting
  • Georgia
  • 2 lawyer bids
  • $120 - $1,000
View Details
Florida PoA Review
  • Florida
  • 2 lawyer bids
  • $160 - $175
View Details
Oklahoma My mother needs a Will done. Drafting
  • Oklahoma
  • 5 lawyer bids
  • $350 - $500
View Details
Connecticut CT Power of Attorney, Long-form Drafting
  • Connecticut
  • 2 lawyer bids
  • $400 - $750
View Details
Texas Power of Attorney Review
  • Texas
  • 2 lawyer bids
  • $145 - $250
View Details
Georgia Letter of Opinion for Power of Attorney in Georgia Review
  • Georgia
  • 2 lawyer bids
  • $299 - $4,000
View Details

See all Power of Attorney projects

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Power of Attorney?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,827 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Estate Planning Lawyers
CONSERVATORSHIP LAWYERS BY CITY
See All Conservatorship Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Power of Attorney?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,827 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city