October 21, 2019

What is a Conservator?

A conservator is a person appointed by the Probate Court to oversee the financial and/or personal affairs of an adult who is determined by the Probate Court to be incapa-ble of managing his or her affairs or unable to care for himself or herself. A conservator may also be appointed for a person who voluntarily requests such assistance.

The term “respondent” refers to a person for whom a conservatorship petition has been filed. If the Probate Court determines that the respondent is incapable and appoints a conservator, he or she is then referred to as a “conserved person.”

There are two basic types of conservatorships to accommodate the different needs of individuals. A “conservator of the person” is appointed to supervise the personal affairs of an individual who is found by the court to be unable to meet essential requirements for personal needs. These needs may include, but are not limited to, food, clothing, shelter, health care and safety. A “conservator of the estate” is appointed to supervise the financial affairs of an individual who is found by the court to be incapable of doing so himself or herself to the extent that property will be wasted unless adequate property management is provided. This may include, but is not limited to, actions to manage assets, income and public assistance benefits.

A person may be in need of one or both types of conservators. Two separate individuals may perform these two roles, or one person may serve in both capacities. A conservator of the estate or person may be an individual, a legally authorized municipal or state official, a nonprofit organization or a business. However, a hospital or nursing home cannot be appointed as conservator.

When a conservator is appointed, a successor conservator can be named as well. The successor conservator replaces the appointed conservator if the appointed conservator resigns, is removed, is deemed incapable or dies. If such an event occurs, the Probate Court will issue a decree confirming the authority of the successor conservator.

An adult with intellectual disability may be in need of a conservator of the estate to manage his or her financial affairs, while a guardian of the person with intellectual disability is appropriate to oversee his or her personal affairs.

Reposted from http://www.ctprobate.gov/Documents/User%20Guide%20-%20Conservators.pdf

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