Legal and planning
Conservatorship
Conservatorship is a court process in which a judge appoints a person, the conservator, to manage another adult's affairs. In some states it covers money and property, and guardianship covers personal and health decisions. In other states the two words mean the same thing.
Why it matters for your family
The terms change by state, which confuses families. The ACL says guardianship is also referred to as conservatorship in some states. In some places a conservator handles finances while a guardian handles personal care. Courts treat it as a last resort because it removes rights from the person. Families should first ask whether a durable power of attorney, a joint account or a representative payee could meet the need. If a parent still has capacity, signing these documents sooner can avoid court. A mistake is to use the word from another state in a local court filing. Ask an elder law attorney how your state uses the terms. This is general information, not legal advice.
Source: acl.gov
Read more: What is Elder Law and Do You Need an Elder Care Attorney?
Related terms
- GuardianshipGuardianship is a legal process in which a state court finds a person incapacitated and appoints someone else to make decisions for them.
- Power of attorneyA power of attorney (POA) is a legal document in which one person, the principal, names another person, the agent, to act for them.
- Durable power of attorneyA durable power of attorney is a power of attorney that stays in effect if the person who signed it becomes incapacitated.
- Capacity assessmentA capacity assessment is an evaluation of whether a person can make a specific decision, such as signing a legal document or agreeing to treatment.
- Representative payeeA representative payee is a person or organization that Social Security appoints to manage Social Security or SSI payments for a beneficiary who cannot manage them.
- Elder law attorneyAn elder law attorney is a lawyer who focuses on legal issues of older adults.
