When a person is unable to handle their affairs, the court may be able to step in and grant a conservatorship. This is a legal arrangement wherein a conservator is appointed to manage that person’s affairs on their behalf. The need for a conservatorship may be due to age, disability, or other reasons that render the person incapable of making their own decisions.
When a loved one is facing difficulties with making those decisions for themselves, you may need to apply for a conservatorship to help them in their time of need. The experienced attorneys at Mahon, Quinn & Mahon can help you in this difficult time, and make sure you understand the process of getting appointed as a conservator, the requirements, rights of the conserved, and your responsibilities in that role.
Types of Conservators
There are two kinds of conservators, and you can be appointed as either or both. They are not mutually exclusive.
Conservator of the person
The conservator of the person supervises the personal affairs of the conserved, ensuring that their basic needs, including food, shelter, clothing and health care are met.
Conservator of the estate
The conservator is responsible for making financial, medical, and personal decisions on behalf of the person under the conservatorship. The conservator must act in the best interests of the person under conservatorship and is subject to court oversight to ensure that they are fulfilling their duties appropriately.
What Evidence Will the Court Consider in Appointment of a Conservator?
There are a number of factors that the court will look into when considering whether a conservatorship is needed. These include:
- The mental capacity of the person
- The physical capacity of the person
- The ability of the person to articulate their desired care or management
- Possible less restrictive means available for the person than the appointment of a conservator
- The qualifications of the petitioner
- The relation of the petitioner to the person
- Evidence of how the person used to live their life
This is not an exhaustive list but illustrates what factors may be considered.
The court will prioritize the best interests of the conserved person and will provide ongoing oversight of the conservatorship to ensure that the conservator is fulfilling his or her duties, and that the person subject to the conservatorship is being properly cared for. The court will routinely have three-year checkups performed by a court-appointed attorney to ensure that the conserved person is in the best situation they can be.
If you have a loved one that you need to help, don’t hesitate to contact our office today for a free and confidential consultation. The experienced probate attorneys at Mahon, Quinn & Mahon can help you understand the process of petitioning the court for a conservatorship. Brian Mahon was the probate judge in Meriden, Connecticut for 17 years, and our firm has over 50 years of experience dealing with probate courts in Meriden, Wallingford, Cheshire, Middletown, and surrounding areas.