Conservatorships
What is a Conservator?
The Probate Code defines a "Conservator" as a person appointed by a court to manage a protected individual's estate. A "Protected Individual" is defined as a minor or other individual (adult) for whom a conservator has been appointed.
Conservatorship Information
What is the difference between a Guardian and Conservator?
A Guardian acts in behalf of the disabled person in personal matters (all matters involving the person's activities). If appointed under the Mental Health Code, a guardian may also manage all of the disabled person's finances and property. In those cases of disability where the Mental Health Code does not apply, a conservator will be appointed to be responsible for such person's financial affairs. If both a guardian and a conservator are necessary, they need not be the same person.
The probate division is also responsible for appointing guardians and conservators for legally incapacitated adults and minors who cannot make responsible decisions about themselves or their property. In these cases, the probate judge must decide whether or not the person in question has a mental, physical or legal limitation which requires the judge to appoint a guardian to make decisions concerning the person's health and personal life or appoint a conservator to make responsible decisions concerning management of property and money.
Probate courts are also responsible for reviewing guardianships at the end of one year and every three years thereafter. Proceedings in this area involve making critical decisions regarding the personal lives of individuals. However, these difficult and important decisions must be made to insure that people with incapacities, especially the elderly and the young, are protected.
