What is a Conservator?
A Conservator is an individual who serves as a fiduciary to protect and manage interests of a Conserved Person or Ward (someone who cannot protect and manage their interests). A Conservator could be an attorney, family member, or other person appointed by a probate court. There are two types. Conservator of Person primarily handles medical or housing decisions, releases of information or other activities of a personal nature. Conservator of Estate handles the Conserved Person’s financial responsibilities like real estate, law suits, inheritance, and handling month income & expenditures.
About Conservatorships in Connecticut
Pursuant to Connecticut Law, a Conservator of Person and/or Estate can be appointed to handle the affairs, subject to Probate Court oversight and approval. A family member does not necessarily have to be appointed as Conservator, and anyone can bring an application if someone is concerned about the interests and well-being of another.
A Special Limited Conservator can be appointed for a particular matter, and the Probate Court specifically enumerates the powers of a Conservator. A party can always ask the Probate Court for a hearing, including informal status conferences and Motions for Advice to deal with special circumstances. A conservator of estate must file periodic accountings and a conservator of person must file periodic reports.
Representative Stories
Our loved one has just been diagnosed with Dementia. He is still living at home, but when we visit, the bills are not paid, and I am concerned with him still living alone
Your loved one may need a Conservator to help make medical decisions and/or financial decisions, in helping to pay bills, and assist in making certain that they are not being victimized of financial exploitation.
Our loved one recently had a serious accident, and is unable to communicate. They own a house, have a retirement plan, medical bills are accumulating, and no one is stepping up to help.
This is when a conservatorship is often necessary, where people can not handle their affairs, and the bills are not getting paid, and the person can not participate in their medical decisions.
I know that I am not able to handle my affairs soon, and I may not have anyone able or willing to serve. If I just give someone a power of attorney, is their any oversight?
Certain people may want to designate someone to handle their affairs, knowing that in the future they can not handle their affairs. By having the Probate Court involved, there is oversight and the Probate Court can appoint a successor conservator if the person you chose is no longer capable or able to serve.
Our loved one has been diagnosed with a serious mental illness, and is just making decisions that are not safe, and completely out of character. I do not want them to lose everything.
This is another example where a person may be incapable of making decisions on account of mental and/or physical health issues. Here a conservator can help make decisions and protect assets and help protect the well-being of an individual.
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Kutz Law Office LLC
262 Marlborough Street
P.O. Box 261
Portland, CT 06480
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(860) 342-4369 • Fax (860) 342-1320