Elder Law | Conservatorship | Elder Law Practice of Monica Franklin, CELA



	Life Care Planning \| Wills \| Trusts \| Powers of Attorney Conservatorships \| Estate Administration

Conservatorship (back)
I feel that my mother needs a conservatorship, but I do not want to serve. Is there an alternative?
Yes. In some cases it is appropriate for the public guardian to serve as conservator; however, the case must meet certain requirements.

What are some of the differences between a power of attorney and a conservatorship?
When a person signs a durable power of attorney for financial decisions, he gives his agent the authority to act in any way he could act. Depending on the language of the power of attorney, the agent may pay bills, sell real property or make other transfers. A power of attorney does not remove any rights from the principal. In a conservatorship, rights are actually removed from the disabled person and vested in the conservator. For example, the rights to sell property, vote or drive may be removed from the disabled person (“ward”).

The court order will define exactly which rights are removed. A conservator is subject to the court’s jurisdiction and must account annually to the court as to how he has spent the ward’s money. Depending on the size of the estate, a bond may be necessary. The bond premium is paid from the ward’s funds. The conservator must have the court’s permission and approval before selling real property.