We’re here to help guide you through challenging times. Below you will find answers to common questions about conservatorship. If you have question we have not answered please contact us.
What is a conservator?
A Conservator is an individual who has been appointed by the Probate Court to make decisions and handle the affairs of an individual. The Probate Court requires the Conservator to file certain documents including Accountings and an Annual Report, and provides oversight in matters involving significant decisions. An individual can select his or her own Conservator, subject to Probate Court approval, or one can be Appointed by the Court. A Conservatorship may be voluntary or involuntary, with limited powers or broad powers, depending upon the Probate Court Order.
What are the powers of a conservator?
A Conservator of Person generally makes decisions concerning the medical treatment, housing, and personal affairs of an individual, subject to certain limitations. A Conservator of Estate generally handles financial decisions over an individual, subject to certain limitations. The same person can serve as both Conservator of Person and Estate, or it can be two or more different people. A Probate Court may appoint a Special Limited Conservator in certain areas. The Powers of a Conservator are delegated by the Probate Court and the Conservator is accountable to the Probate Court.
How does a conservatorship differ from a power of attorney?
In most cases, a Conservator supersedes a Power of Attorney, even if a Power of Attorney is in place. A Power of Attorney in certain circumstances can be revoked by the Principal granting the Power of Attorney (with some exceptions), while a Conservatorship can only be terminated by the Probate Court. A Conservator’s powers are derived from the Probate Court, while the powers from a Power of Attorney are derived from the individual granting the Power of Attorney. While in many ways they are similar, a Conservator generally has more power and authority, depending upon the circumstances. A Conservator of Estate may need to post a Probate Bond, while a Power of Attorney may not.
What do I do if my loved one is unable to handle his/her affairs?
Schedule a consultation with me, and we can decide whether or not a voluntary or involuntary conservatorship application with a Connecticut Probate Court is an appropriate solution. If you know the location of assets, creditors, lawsuits, and the nature of your loved ones problems, whether they are medical and/or financial, it is generally most helpful.
What if I know of someone who has limitations but is coming into money?
A voluntary or involuntary conservatorship can help protect someone who may be about to inherit money, receive a large gift of property, has won a lottery or lawsuit, so that a Conservator can serve as gatekeeper, under Probate Court supervision, so that assets are not wasted or dissipated. The Conservatorship can even be structured to have limited powers, where the Conservator is responsible for only limited assets, or under certain restrictions.
What if my loved one does not want a conservator?
If your loved one refuses to have a conservator appointed, an application may still be brought, but it may be more difficult, depending upon the circumstances. Many conservatorships are involuntary conservatorships, and the mere refusal of someone not wanting a conservatorship will not preclude a conservator from being appointed. Both a voluntary and involuntary conservatorship will have statutory requirements that the Probate Court will follow in order to decide whether or not a conservatorship appointment is appropriate.
How does a conservator account to the probate court?
A Conservator of Estate needs to file an Inventory of all assets received near the time of appointment with the Probate Court. Further, the Conservator of Estate needs to file annual and/or 3 year accountings with the Probate Court, as well as a final accounting. Further, a party can motion the Court to Order an accounting. A Conservator of Estate may also be required to post a Probate Bond. A Conservator of Person must file an annual report with the Probate Court, as well as seek Probate Court permission to change residence, and in other circumstances, can and/or must file a Motion with the Probate Court concerning other actions of the Conservator of Person.
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Kutz Law Office LLC
262 Marlborough Street
P.O. Box 261
Portland, CT 06480
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