Conservatorship, like guardianship, is a legal relationship between a competent adult or legal entity and a person who has a disability that leaves him or her without the capacity to make his or her own decisions.  In some jurisdictions, conservatorship laws may apply to only minor children who are incapacitated by virtue of minority or who may suffer from some other legal incapacity.  In other jurisdictions, conservatorship laws apply only adults with diminished capacity.  In still other jurisdictions a conservator may only manage assets, or may only manage a person’s personal affairs.

 

Generally, there are two types of conservatorship: conservatorship of the person and conservatorship of the estate. A legal conservatorship beyond parents as natural custodians for minor children) must be created by a court.  When the conservatorship involves an adult, the court must typically find the adult suffers from diminished functional capacity based on medical evidence. 

 

The court may appoint a conservator of the person, of the estate, or both. The court may grant a conservatorship of the person when a person is functionally unable to prudently manage their personal affairs.  The court may grant a conservatorship of the estate when a person is functionally unable to prudently manage his or her financial estate.  Many jurisdictions require that the need for guardianship must be proven by clear and convincing evidence.   In each case the conservatorship should be limited only to those areas where the guardianship will improve a person’s life.  On overly-broad conservatorship can result in a deprivation of a person’s substantive constitutional due process rights.

 

Conservatorship cases are usually adjudicated at a local level, most often by county or district probate or family courts.  These courts have varying levels of skill and expertise.  In some jurisdictions the judges who adjudicate conservatorship cases do not have to be licensed attorneys.

 

A conservatorship should only be granted when it is in the best interest of a person and will improve a person’s life.  The conservator should be guided in decision making by state law and by ethics and standards for guardians, such as the National Guardianship Association’s Code of Ethics and Standards of Practice (see www.guardianship.org).