Conservatorship laws

Conservatorship is a legal concept where a guardian or protector is appointed by a court to manage the financial affairs and/or daily life of another person who is unable to do so due to physical or mental limitations, or old age. It is often seen as a last resort when the person is unable to make safe or sound decisions about their own health or property.

Mental health conditions, substance abuse, or addiction are some of the reasons why conservatorship may be enacted to protect the well-being of the individual in question or sometimes the public in general.

Conservatorship can be a powerful tool in ensuring the safety and well-being of individuals who are incapable of managing their personal or financial affairs due to physical or mental limitations. It provides a legal framework for managing the conservatee's resources, enabling the appointed conservator to maintain financial stability, safeguard assets, and make crucial decisions regarding healthcare and living arrangements. Additionally, the court supervision involved in conservatorship serves as a layer of protection against potential exploitation or neglect, offering reassurance that the conservatee's best interests are being upheld.

Even though it can be useful, conservatorship also carries potential risks that should be carefully considered. The most prominent of these is the significant reduction in personal autonomy, as the conservatee may lose the right to make decisions regarding their life, finances, and health. Additionally, there's a risk of misuse or abuse if the appointed conservator does not act in the conservatee's best interest, potentially leading to exploitation or neglect.

Another complication arises when an individual, despite meeting all the criteria for needing conservatorship, does not have a suitable person to serve as their conservator. In such cases, the role may be fulfilled by institutional entities. However, this situation brings forth its own unique set of challenges as it involves public institutions and all of the issues associated with them.

Some of the questions we will be tackling:

What are some less restrictive alternatives to conservatorship?

When is conservatorship necessary?

What are the potential benefits and drawbacks of a conservatorship?

What should be the responsibilities of a conservator?

What rights should a conservatee have?

How should conservatorship end?

How can the rights and interests of a conservatee be protected against abuse or neglect?

How can the government ensure conservatorship for people who need it but don’t have anyone to take care of them?

What are the unique challenges and risks of conservatorship when it’s provided by institutions instead of family members, what are the solutions to those challenges?