{"id":100,"date":"2019-03-28T17:23:04","date_gmt":"2019-03-28T17:23:04","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/?p=100"},"modified":"2023-10-26T04:28:52","modified_gmt":"2023-10-26T04:28:52","slug":"what-is-conservator-of-estate","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/blog\/what-is-conservator-of-estate\/","title":{"rendered":"Conservator of an Estate in Arizona"},"content":{"rendered":"
When an adult becomes mentally incapacitated and can no longer manage their own affairs, a family member, friend, or public guardianship agency may need to step in and provide assistance. If the incapacitated adult (referred to as the protected person<\/a>\u00a0ward) has an estate plan with a durable power of attorney<\/a>, then the designated agent should have the necessary legal authority to take over the protected person\u2019s finances.<\/p>\n Depending on the provisions in the power of attorney contract, the agent may also have the legal authority to make important healthcare decisions and determine the protected person\u2019s living situation. If the protected person didn\u2019t have a power of attorney, or if the power of attorney offers limited authority, then the caretaker will need to be formally appointed as the protected person\u2019s conservator<\/a>.<\/p>\n Generally speaking, conservatorships are established by the courts for adults who are in a coma, suffer from advanced dementia or Alzheimer\u2019s disease, or have other serious injuries or illnesses that result in mental incapacitation. A conservatorship can also be established for a minor, but for the purpose of this discussion we\u2019ll focus on conservatorships for incapacitated adults.<\/p>\n When a court appoints someone to serve as a protected person\u2019s conservator, the judge will outline the conservator\u2019s powers and authority based on the protected person\u2019s needs. Though many incapacitated adults need help with all aspects of their care and financial management, it\u2019s not uncommon to see a case where the protected person can\u2019t handle the complexity of financial decisions but has no trouble consulting with their doctors for medical treatment. In short, incapacitation isn\u2019t always complete. As such, conservatorships are designed to be customizable so that the judge can tailor each case to the protected person\u2019s unique needs.<\/p>\n Depending on the situation, the court will appoint a conservator to one or both of the following capacities:<\/p>\n Whether the conservator has power of the estate, the person, or both, the conservator has a duty of care to put the needs of the incapacitated adult first. All conservatorships are supervised by the court, and the conservator will be required to submit a regular accounting of their activities to the court. From time to time, the conservator may be required to appear in court for a first-hand report of their activities (especially if someone has filed a complaint against the conservator).<\/p>\n If the conservator has control over the protected person\u2019s financial affairs, the conservator will also have a fiduciary duty<\/a>\u00a0to prudently manage the adult\u2019s finances. At a minimum, the conservator is required to exercise the same due diligence and standard of care that an average investor would use to handle their own personal finances. Conservators who fail to fulfill their fiduciary duty may be held personally liable for financial damages incurred by the estate as a result if his or her negligence. Considering that, it\u2019s no surprise that many conservators choose to hire or consult with an investment advisor to ensure the estate\u2019s assets are properly managed.<\/p>\n <\/p>\n Becoming a court-appointed conservator can be a challenging legal process, and it\u2019s always recommended to enlist an attorney\u2019s assistance to guide you through the proceedings. Even if there are no objections to the proposed conservatorship, it\u2019s helpful to have an experienced attorney to speed things along, expedite the process, and ensure no mistakes are made that could jeopardize the conservatorship.<\/p>\nConservatorship<\/h2>\n
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How to Be Appointed as a Conservator<\/h2>\n