Protecting Loved Ones When They Can’t Protect Themselves

When a family member can no longer manage their personal or financial affairs due to cognitive decline, illness, or incapacity, a conservatorship may be necessary. At LawSmyth, APC, we provide legal counsel and representation to help families obtain and manage conservatorships with care.

What Is a Conservatorship?

A conservatorship is a court proceeding in which a judicial officer (for example, judge or commissioner) appoints someone (the conservator) to manage the personal care or finances or both of an adult who is unable to do so themselves (the conservatee). Conservatorships are most commonly used for elderly individuals major neurocognitive disorders such as dementia or Alzheimer’s, adults with severe mental illness, or those who have experienced catastrophic injury.

There are two (2) main types of conservatorships:

• Conservatorship of the Person – The conservator makes decisions about the conservatee’s health care, living situation, and daily well-being.

• Conservatorship of the Estate – The conservator manages the conservatee’s finances, property, and obligations, including paying bills and protecting assets.

When Is a Conservatorship Appropriate?

A conservatorship may be necessary when a person:

• Lacks the capacity to manage finances or resist fraud or undue influence

• Is unable to attend to basic health and safety needs

• Has no power of attorney, trust, or advance healthcare directive in place

• Is being financially exploited or physically neglected

In some cases, alternatives such as durable powers of attorney or trusts may avoid the need for court intervention. We will help you determine the best path forward based on your loved one’s needs.