Conservator

A Conservator is a person or entity appointed by a court to manage the affairs of another person who is deemed by the court unable to do so themselves, called the conservatee. The power of a conservator is set when the case is presented in court and can be broad or limited to specific capacities. For example, a Conservator of Estate is responsible for the conservatee’s financial affairs and Conservator of Person is responsible for their well-being and health. The court may appoint different people to manage each set of responsibilities. Some decisions cannot be made by the conservator without court approval.

Unlike appointing an Agent with Power of Attorney, the conservatee does not consent to the conservatorship or select the conservator, and the conservator may take action against the conservatee’s wishes if that action is in the best interest of the conservatee. This makes conservatorship is a significant legal intervention and is typically only used when other less restrictive options are not viable.

The terms conservator and guardian are used in different jurisdictions to refer to similar concepts, sometimes interchangeably. In some jurisdictions, conservatorship describes management of an older adult’s affairs, while guardianship describes management on the behalf of a minor. In others, conservatorship is used to describe the managing the financial affairs of an adult or child (see Conservator of Estate), while guardianship is used to describe the responsibility of making decisions about the person’s well-being and healthcare (see Conservator of Person). Consult your local legislation to know which terms are used in your area.