Conservatorships

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 affairs or unable to care for himself or herself.  A conservator may also be appointed for the same purpose for a capable person who requires such assistance.

A conservatorship is a legal arrangement that places an individual, also known as a ward or conserved person, under the supervision of a conservator.  A conservator is typically a family member, friend, or fiduciary appointed by the court.  A protected person can be an adult who can no longer make safe and sound decisions about his or her own person or property or a person who is prone to fraud or undue external influence.  The court assigns only the duties and authority that are the least restrictive means of intervention necessary to meet the needs of the conserved person.

There are two types of conservatorships: conservator of the person and conservator of the estate.

Conservator of the Person:  A ‘conservator of the person’ is appointed t supervise the personal affairs of an individual who is found by the court to be unable, even with appropriate assistance, to meet essential requirements for personal needs.  These needs may include, but are not limited to, the need for food, clothing, shelter, healthcare and safety.   A conservator of the person is normally tasked with the following responsibilities:

• Determining and maintaining residence
• Providing informed consent to and supervising medical treatment
• Consenting to and supervising non-medical services such as education, psychiatric or behavioral counseling
• Making end-of-life decisions
• Maintaining the protected person’s autonomy as much as possible

Conservator of the Estate:  A ‘conservator of the estate’ is appointed to supervise the financial affairs of an individual who is found by the court to be incapable of doing so himself or herself to the extent that the property would be wasted unless adequate property management is provided.  This may include, but is not limited to, actions to obtain and manage assets, income and public assistance benefits.  A conservator makes important financial decisions on behalf of the protected person, including:

• Organizing, gathering and protecting assets
• Arranging appraisals of property
• Safeguarding property and assets from loss, whenever possible
• Managing income form assets
• Making appropriate payments
• Obtaining court approval prior to any sale of major assets

A person may need one or both types of conservators.  Many conservatorships are temporary arrangements, meant to protect an individual until he or she regains capacity to mange his or her personal and/or financial affairs.  An adult with intellectual disability may be in need of a conservator of the estate to manage his or her financial affairs, while a guardian of the person with intellectual disability is appropriate to oversee his or her personal affairs.

A conservator is required to report to the court about his or her activities on an annual basis.

Source: Connecticut Probate Court User Guide for Conservators

Our Firm

Ms. Rice is frequently appointed by the Connecticut Probate Courts to serve as a Conservator of the Person, of the Estate or both on behalf of individuals seeking a voluntary Conservatorship and also in certain instances where an involuntary Conservatorship is sought.  Because of her experience in this area, she has also been designated by a number of individuals in their estate planning documents to potentially serve in a Conservator capacity on their behalf should the necessity arise.