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Often, the Probate Court will appoint a family member of the individual, or his or her close friend, as the conservator. Sometimes the court will appoint someone else, such as a lawyer. The court tries to determine whom the conserved person prefers but, if a conflict exists, may appoint an uninterested party.
INVOLUNTARY
Any adult person may use this form to petition for the appointment of a conservator of an adult who is alleged to be incapable. A “conservator of the person” is appointed to supervise the personal affairs of a person whom the court finds to be unable to meet essential requirements for personal needs, even with appropriate assistance. These needs may include but are not limited to, the need for food, clothing, shelter, health care, and safety. A “conservator of the estate” is appointed to supervise the financial affairs of a person whom the court finds to be incapable of doing so to the extent that property will be wasted unless adequate property management is provided. This may include but is not limited to, actions to obtain and manage assets, income, and public assistance benefits. The petition may also request the appointment of a successor conservator. The person for whom the appointment of a conservatorship is being requested is referred to as the respondent.
VOLUNTARY
Any adult person may use this form to petition the court to appoint a voluntary conservator of the person or estate to manage his or her personal or financial affairs, or both. A voluntary “conservator of the person” is appointed to supervise personal affairs, such as the need for food, clothing, shelter, health care, and safety. A voluntary “conservator of the estate” is appointed to supervise financial affairs. This may include but is not limited to, actions to obtain and manage assets, income, and public assistance benefits. The petition may also request the appointment of a successor conservator.
A conservator is a person appointed by the Probate Court to oversee the financial or personal affairs of an adult. In an involuntary conservatorship, a conservator is appointed only if the court determines that the individual is unable to care for him or herself, or unable to manage his or her financial affairs. In a voluntary conservatorship, the court appoints a conservator on the request of an adult who seeks assistance in managing his or her affairs, without making a finding that the individual is incapable.
There are two kinds of conservators. A conservator of the person supervises personal affairs and ensures that the person's basic needs, including food, shelter, clothing and health care, are met. A conservator of the estate supervises financial affairs, including caring for property, managing bank accounts and ensuring the safe handling of the person's income.
Conservators and people who are interested in being conservators can find more information by clicking on the link, Conservators.
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