A conservatorship is a court-supervised process for managing the affairs of an individual who lacks the mental or physical ability to care for himself or herself. Conservatorships are most commonly established for elderly individuals, but a conservator may be appointed for any adult who is in need of such help.

A "conservator of the person" has the responsibilty to decide where the conservatee will live, and to make arrangements for the conservatee"s health care, meals, clothing, personal care, housekeeping, and transportation.

A "conservator of the estate" has the responsibilty to manage and protect the conservatee's finances, make an inventory of the conservatee's assets, ensure that the conservatee's needs are met, pay the conservatee's bills, file timely tax returns, keep accurate financial records, and regularly report to the court.

A conservatorship can be a costly and cumbersome process. The assistance of legal counsel will be required to establish a conservatorship of the estate, and to assist with ongoing administration, including the periodic accountings that must be filed with the court. A conservator of the estate must be bonded, and in some cases it may be necessary to retain the services of a professional conservator. A conservator may not engage in non-routine transactions, such as selling the conservatee's home, without first obtaining court approval.

Most conservatorships could have been avoided had there been a well-drafted estate plan in place. In addition to a will or living trust (or both), an estate plan should include both a durable power of attorney and an advance health care directive. A durable power of attorney names an agent to act for the "principal" (the person signing the power of attorney) when the principal is incapacitated. Typically, an agent under a power of attorney has the authority to access the principal's bank accounts, sell property belonging to the principal, sign the principal's tax returns, and engage in other financial transactions on behalf of the principal. An advance health care directive is another form of power of attorney that gives the agent authority to make health care decisions for the principal, including consenting to treatment and selecting health care providers.

Richard Cleary has extensive experience in conservatorships, and can assist both in establishing conservatorships and in providing the estate planning services that may eliminate the need for a conservatorship down the road.