Elder Law - Conservatorship

A conservatorship is similar to a guardianship, except a conservator is over the financial affairs of a person needing protection. While a guardian is over the person, a conservator is over the person's assets.

To appoint a conservator, the Probate Court must find that the person
"is unable to manage the person's property and affairs effectively for reasons such as Signing Documentmental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, . . ."
To establish a conservatorship, a Petition is filed with the Court and notice must be given to all interested persons. Interested persons would include a spouse and the children of the protected person. Also, an attorney must be appointed to represent the protected person. The Court may then appoint a conservator for the protected person, although the appointment may be limited in some way to allow the person to have as much freedom of choice as is reasonably possible.

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