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What Is a Conservatorship? Guardianship for an Aging Parent, Explained

The court process a family faces when a parent can no longer manage their affairs and nothing was signed in advance.

By naveen · Updated · How we research our guides

What to know

A conservatorship is a court process in which a judge appoints someone to manage the affairs of an adult who can no longer manage them; in the Uniform Law Commission's model act, a conservator handles money and property. For an aging parent, it's the route the Consumer Financial Protection Bureau (CFPB) describes when nothing was signed in advance: without a durable power of attorney, "a friend or family member might have to go to court to have a guardian appointed." A healthcare directive covers the medical side.

What's the difference between conservatorship and guardianship?

It depends on the state, because each state chooses its own terms. The Justice Department explains that the Uniform Law Commission's model act "uses the term guardian for a person appointed by a court to manage the care and well-being of another person, and conservator for a person appointed by the court to manage the property of another person." It adds: "However, states use those terms differently."

California uses conservator for both personal and financial decisions, and Louisiana uses curator (Justice Department). Michigan follows the model's split, with guardians for incapacitated individuals and conservators who manage an estate. Texas says "guardian of the person" and "guardian of the estate" instead. If you're reading about this for your own family, the vocabulary that matters is your parent's state's.

When does a family need a conservatorship?

When a parent can no longer manage their money or decisions and no one holds the legal authority to act for them. The CFPB names "dementia, traumatic brain injury, or another impairment that could affect your mental function" as the kinds of events a power of attorney plans for. Without one, it says, family "might have to go to court to have a guardian appointed."

Medical decisions can work differently. Without an advance directive, the National Institute on Aging (NIA) says, "the state laws where you live will determine who may make medical decisions on your behalf." For money, the CFPB points to the court as the route when no power of attorney exists.

How does the conservatorship process work?

Through a petition, a hearing and continuing court supervision. Details vary by state; the Justice Department's summary of guardianship cases describes these steps:

A conservatorship is not a single event. The CFPB's guide for family members serving as guardians of property tells them: "You must report to the court regularly and be ready to answer any questions."

Why do families try to avoid conservatorship?

Because the CFPB describes the court route as lengthy, expensive and public, and because guardianship "may remove a broad spectrum of rights from an individual," according to the Justice Department, from choosing where to live to managing property. That doesn't make it improper. It does mean the court, not your parent, decides who will act, although some states let a power of attorney nominate a guardian or conservator for the court to consider, as Colorado does (C.R.S. 15-14-708).

Documents your parent signs while they still can, a durable financial power of attorney and a healthcare directive, let your parent choose the person in advance. The Justice Department lists "a less restrictive alternative" as one reason a court may end a guardianship.

What if it's too late for a power of attorney?

Then conservatorship may be the right tool, and it can help to get advice early rather than after a crisis has forced the timing. Whether a parent still has enough capacity to sign a power of attorney is itself a legal question: Alzheimers.gov says financial documents "must be created while the person still has the legal capacity to make decisions." That is the question to put to an elder law attorney in your parent's state, and soon, because the answer can change.

How does it work in your parent's state?

The court, the forms, the filing fee and even the name differ by state. California calls it conservatorship, the Justice Department notes; the other fifteen states in our series appoint guardians, and Michigan, Massachusetts, Missouri and Washington also appoint conservators for property. Our state guides walk through each step from the state's own statutes and court pages: California, Florida, Texas, New York, Ohio, Illinois, Michigan, North Carolina, New Jersey, Washington, Maryland, Massachusetts, Pennsylvania, Indiana, Wisconsin and Missouri.

What questions are worth asking?

Frequently asked questions

What is a conservatorship?

A court-supervised arrangement in which a judge appoints someone to manage the affairs of an adult who can no longer manage them. In the Uniform Law Commission's model act, a conservator manages property and a guardian manages personal care. It's the route left when a parent has lost capacity without having signed a power of attorney or healthcare directive.

What is the difference between conservatorship and guardianship?

The words are set state by state, so they don't mean the same thing everywhere. In the Uniform Law Commission's model act, a guardian handles care and well-being and a conservator handles property. California uses conservator for both, Louisiana uses curator, and Texas says guardian of the person and guardian of the estate.

Can a power of attorney avoid conservatorship?

It can. The CFPB says a power of attorney lets your parent "appoint a substitute decision-maker" in advance, and that without one, family "might have to go to court." The Justice Department lists a less restrictive alternative as one reason a court may end a guardianship. The documents have to be signed while your parent has capacity.

Who can be appointed as conservator?

The court decides. Florida's law, for example, lets the court appoint "any person who is fit and proper and qualified to act as guardian, whether related to the ward or not," with preference for relatives and people with relevant experience. In Colorado, a power of attorney can nominate a conservator, and the court follows the most recent nomination except for good cause.

Does a conservatorship ever end?

It can. The Justice Department says a guardianship "typically ends when the individual dies," but courts may end it earlier to restore the person's rights, for example if their condition improves or a less restrictive alternative can meet their needs. Ending it is a court matter: the CFPB says a guardian's responsibilities last "until the court relieves you of your duties."

What is the difference between a conservator and an executor?

A conservator manages the affairs of someone who is alive but can no longer manage them, under court supervision. An executor carries out the will of someone who has died: California's court self-help site says a will form lets you "appoint an executor to make sure your wishes are carried out." Different moments, different authority.

How does a conservator get paid?

Rules vary by state. Florida's law says a guardian "is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward," with fees reviewed by the court. The CFPB tells family guardians of property who are permitted to charge a fee to keep it reasonable and keep detailed records.

Can you be forced to be a conservator?

Florida's rules point to no: a guardian "may resign and be relieved of his or her duties" with the court's approval, and Florida's public guardians serve people who can't afford a private guardian when "there are no willing family or friends to serve." Other states have their own rules, so ask an attorney in your parent's state.

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