Definition:  A Conservator manages a protected person’s financial affairs (finances, property and real estate).

​Note: A "protected person" is a person for whom a Conservator was appointed.

Overview of Conservatorship

Conservatorship: At a conservatorship hearing the court makes a finding of incapacity in specific areas where there has been clear and convincing evidence to support the finding and a preponderance of evidence that the person’s property will be dissipated or wasted without a conservator. The person appointed is called the conservator, and the person under the conservatorship is called the protected person.
Conservatorship is tailored to transfer financial decision-making power to the conservator only in the areas of life where protection and supervision by a conservator has been proven necessary.
A conservatorship does not assume, or presume, that the proposed protected person is incapacitated in all areas of his or her life. There is no evidence of, or finding of, general incompetence. The individual can still marry, make a will or vote (unless specified by the court that the individual is incapable of doing so).

Conservatorship of the estate: A conservator of the estate is appointed for financial matters.
A conservator of the estate must:

  • pay reasonable charges for the support, maintenance, and education of the protected person from the protected person’s estate, and in a manner suitable to the person's station in life and the value of the estate (the conservator must seek federal, state or local services that the protected person is entitled.),
  • pay any just and lawful debts of the ward or protected person from the protected person’s estate, possess and manage the estate, collect all debts and claims in favor of the person and invest all funds not currently needed as directed by statute,
  • approving or withholding approval of contracts, except for necessities, and
  • by approval of the court, sell, exchange, or purchase undivided interest in real estate.