What is the Role of a Conservator?

When someone is unable to manage their own financial or personal affairs due to age, illness, or incapacity, a conservator may be appointed by the court to act on their behalf. The role of a conservator is to ensure that the person, known as the “ward,” is taken care of and that their assets are managed responsibly. Let’s explore the responsibilities of a conservator, how conservatorships are established, and when it may be time to seek legal assistance from a Nashville conservatorship attorney.

Understanding Conservatorship

Conservatorship is a legal process where the court appoints a responsible individual or entity to manage the personal and financial affairs of an adult who is no longer able to do so. This process is intended to protect vulnerable individuals who may suffer from cognitive decline, mental illness, or other incapacitating conditions.

There are two primary types of conservatorships:

• Conservatorship of the person: This type gives the conservator authority to make personal decisions for the ward, such as where they live, what medical care they receive, and how their daily needs are met.
• Conservatorship of the estate: In this scenario, the conservator manages the ward’s finances, paying bills, managing investments, and ensuring that assets are used for the benefit of the ward.

In some cases, one person may be appointed to handle both roles, but it is also possible to have separate conservators for the person and the estate.

When is Conservatorship Necessary?

Conservatorships are generally required when an individual is no longer capable of making sound decisions regarding their personal or financial matters. This could be due to advanced age and cognitive decline, dementia or Alzheimer’s disease, severe mental illness, or physical incapacity due to illness or injury. 

Families or loved ones often seek conservatorship when they notice that their relative can no longer safely live independently or manage their own affairs. Consulting with a Nashville conservatorship attorney can help determine whether conservatorship is the right course of action.

The Role and Responsibilities of a Conservator

Once appointed by the court, the conservator has significant responsibilities to ensure the ward's well-being and protect their financial assets. These duties may vary depending on whether the conservator is managing personal affairs, financial matters, or both.

Conservator of the Person

As the conservator of the person, the primary responsibility is to make decisions about the ward's living arrangements, health care, and overall well-being. Some of the key responsibilities include:

• Medical decisions: Ensuring that the ward receives proper medical care, attending appointments, and consulting with healthcare providers.
• Living arrangements: Deciding where the ward should live, whether that be in their own home, with family, or in an assisted living facility.
• Daily needs: Overseeing daily care, including personal hygiene, meals, and transportation.

Conservator of the Estate

A conservator of the estate is tasked with managing the ward’s financial resources responsibly. This includes:

• Paying bills: Ensuring that the ward’s bills and debts are paid on time.
• Managing investments: Overseeing any investments or financial assets and making decisions in the best interest of the ward.
• Filing taxes: Making sure the ward’s taxes are filed properly and on time.
• Keeping records: Maintaining accurate and detailed financial records to report to the court.

The conservator is legally bound to act in the ward’s best interests and may be required to provide regular reports to the court detailing their actions.

How to Establish Conservatorship

To establish a conservatorship, a petition must be filed with the court. The process typically involves the following steps:

• Filing the petition: The individual seeking conservatorship must file a petition with the local court, detailing why conservatorship is necessary and providing evidence of the individual’s incapacity.
• Medical evaluation: The court may require a medical evaluation to confirm that the individual is indeed incapable of managing their own affairs.
• Court hearing: A hearing will be held where the petitioner must demonstrate the need for conservatorship. The individual in question, family members, or other interested parties may also attend.
• Appointment of the conservator: If the court agrees that conservatorship is necessary, they will appoint a conservator and issue an official order.

Because the process can be complex and emotionally challenging, it is often advisable to seek the guidance of a Nashville conservatorship attorney to ensure everything is handled correctly.

When Should You Seek Legal Assistance?

Establishing a conservatorship can be a complicated legal process, and ensuring that it is done properly is critical for the well-being of the ward. A Nashville conservatorship attorney can provide invaluable guidance, helping you navigate the court system, gather the necessary evidence, and advocate on your behalf. They can also help you understand the long-term responsibilities that come with being a conservator.

About Rochford Law & Real Estate Title

At Rochford Law & Real Estate Title, we understand the sensitive nature of conservatorship cases and the emotional challenges involved. Our experienced team of Nashville conservatorship attorneys is here to guide you through the process with compassion and expertise. 

Visit us at Rochford Law & Real Estate Title to schedule a consultation and take the first step toward ensuring your loved one’s future is secure!