A conservatorship is a protective court proceeding. In a conservatorship of the person, the court-appointed fiduciary, the “conservator,” manages the personal care of a person who cannot provide for his or her own personal needs for such things as physical health, medical care, food, clothing, or shelter. The conservator decides where the conservatee lives, and whether the conservatee should live at home or in an institution. The conservator must make sure that the place selected is the least restrictive and “appropriate alternative” that is available and necessary to meet the individual’s needs.
In a conservatorship of the estate, a court-appointed conservator manages the financial affairs of a person who is substantially unable to manage his or her own resources, or who is unable to resist fraud or undue influence. The conservator’s primary responsibility is to conserve, manage, and use the conservatee’s property for the benefit of both the conservatee and those whom he or she is obligated to support. The conservatee must use ordinary care and diligence. The court may appoint a conservator of the person or the estate or both for an adult. The court may appoint the conservator of the person for a minor who is married or whose marriage has been dissolved, but the financial affairs of such a person are subject to a guardianship, not a conservatorship.

Court proceedings are commenced by the filing of a Petition, along with many other subsidiary documents. When these documents are received by the court, it is required to and always appoints an attorney to represent the conservatee. This court-appointed attorney is known as the PVP (Probate Volunteer Panel) Counsel. This special step is taken because all of the conservatee’s legal and civil rights, and property, will be taken from him or her. This should not be done, and is not done, lightly. After the appointment, inventories and accountings are required, and close scrutiny is given to conservatorship proceedings. Rightfully so. Our office has handled hundreds of conservatorship cases, including rare jury trials. We stand ready to provide guidance representation, and advice.