If a person is incapacitated and cannot handle his or her own financial affairs, the probate court will appoint a conservator. The conservator must handle all the assets, and account annually to the incapacitated person and other family members. The accounting must be submitted for review to the probate court. Sometimes, the court appoints an attorney to review the details of the accounting to ensure accuracy.
While most Conservatorships are administered without any serious financial discrepancies, the court process of overseeing the conservator is not without its flaws. It is critical to have a competent and trustworthy individual handling the assets. There are many options regarding the nature of a Conservatorship and each situation is different.
In both Guardianship and Conservatorship cases, the person who is incapacitated needs to be protected, but also should be given as much freedom to make decisions as reasonably possible. We understand that while Conservatorships protect people, they also limit people’s freedom, and that not everyone will make a good conservator. We are adept at assisting our clients in deciding how to approach any probate proceeding to ensure the right person is appointed, and that such person diligently follows through with his or her duties.