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What is a conservator? A conservator is a person appointed by the Probate Court to oversee the financial and/or personal affairs of an adult who is determined by the Probate Court to be incapable of managing his or her finances or unable to care for himself or herself. A conservator may also be appointed for a person who voluntarily requests such assistance. There are two basic types of conservatorships to accommodate the different needs of individuals. A “conservator of the person” is appointed to supervise the personal affairs of an individual who is found by the court to be unable to meet essential requirements for personal needs. These needs may include, but are not limited to, food, clothing, shelter, health care and safety. A “conservator of the estate” is appointed to supervise the finances of an individual who is found by the court to be incapable of doing so himself or herself. This may include, but is not limited to, actions to manage assets, income and public assistance benefits. May a person name a conservator in advance of incapacity? Yes. A person may name a future conservator by executing a document with the same requirements necessary for executing a will. A person may also name a successor conservator in case the primary conservator resigns, is removed, is deemed incapable or dies. What is a voluntary conservatorship? The benefits of court supervision over conservators have given rise to another type of conservatorship. This is termed voluntary conservatorship and is used when a person requests a conservator to manage his or her affairs, subject to oversight by the court. Before appointing a voluntary conservator, the Probate Court for the district in which the individual resides, will hold a hearing on the Petition for Voluntary Representation by Conservator, PC-301. The person requesting the voluntary conservatorship must be present at the hearing. After hearing the reasons for the individual's request for a conservator, the court may grant voluntary representation for the individual, with no finding of incapacity. How is a conservator appointed in involuntary proceedings? Any person alleging that an individual is incapable of managing his or her affairs or incapable of caring for himself or herself may file a Petition for Appointment of Conservator, PC-300. The petitioner must file the petition in the Probate Court for the district where the respondent’s permanent home is located or where the respondent currently resides or is currently located. There is a criminal penalty for filing a fraudulent or malicious petition or for giving fraudulent testimony regarding a person's incapacity. The Probate Court will hold a hearing within 30 days of receipt of the petition. When determining whether a conservator should be appointed, the court will consider the following factors: (1) The respondent’s abilities. (2) The respondent's capacity to articulate preferences. (3) The respondent's cultural background. (4) The desirability of maintaining continuity in the respondent's life and environment. (5) Whether the respondent had previously made alternative arrangements for personal care and financial management (for example, power of attorney, health care representative, living will or trust). (6) Any supportive services or technologies that can assist the respondent in meeting his or her needs. Does a power of attorney terminate when the court appoints a conservator? A Probate Court may limit, suspend or terminate a power of attorney when establishing a conservatorship. If the court grants a conservator of the estate broad authority over all of the conserved person’s assets, it will generally suspend or terminate any power of attorney. What are the limitations on a conservator's authority? The court assigns only the duties that are the least restrictive means of intervention necessary to meet the needs of the conserved person. The “least restrictive means of intervention” means intervention that is sufficient to provide, within the resources available to the conserved person, for a conserved person’s personal needs or financial management while affording the conserved person the greatest amount of independence and self-determination. The conserved person retains all rights and authority not expressly assigned to the conservator. A conservator must also promote the conserved person’s preferences and actively encourage the conserved person to participate in decisions. A conservator should make decisions based on the conserved person’s preferences, rather than the conservator’s view of what is in the conserved person’s best interests, unless the conserved person cannot express a preference or the preference could cause substantial harm. What are the duties of the conservator of the estate? The conservator of the estate has only those duties expressly assigned by the court. In general, the conservator of the estate is responsible for supervising the finances of the conserved person as ordered by the court. The conservator shall use the least restrictive means of intervention in the exercise of his or her authority and must maintain strict separation of his or her own assets from the conserved person’s assets. What are the duties of the conservator of the person? The conservator of the person has only those duties expressly assigned by the court, which may include: (1) Making decisions about personal care, comfort and safety. (2) Making decisions about medical or other professional care (not including commitment to a hospital for treatment of psychiatric disability). (3) Establishing or changing the conserved person’s residence, but only with prior court approval. (4) Safeguarding personal effects. Text courtesy of CTProbate.gov For more direct questions or more information contact Conservator Care LLC by clicking here! |
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Conservator Care LLC. |
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