Conservatorships Durable Power of Attorney Advanced Health Care Directive


When a person can no longer handle his or her own affairs, the court may appoint a conservator to look after that person's best interests. Family members, friends or professionals may be appointed conservators.

Conservatorships are public. If the incapacitated person's relatives must go to Court to have a conservator appointed to manage the person's financial affairs, they must ask the judge to rule that the person cannot take care of their own affairs. Often, the reason for the incapacity must be delved into in detail - relevant family medical history, medications being taken, and causes of incapacity are usually described. Since court proceedings are public, this could be embarrassing.

Conservatorships are costly. The court requires numerous fees, some that usually must be paid every year or two. The fees that the court requires just to petition increase frequently.

The fees usually continue beyond just obtaining the conservatorship. Often, after the conservator is appointed, she must:

Conservatorships are technically detailed. If you need a conservatorship, it is important to retain counsel knowledgeable in conservatorship practice.

A conservatorship may be avoided by executing a Durable Power of Attorney for Financial Management and an Advanced Health Care Directive.