Q) Who should appoint a conservator?

A) Planning for incapacity should be done by everyone who has the power to do so.

Q) Can I choose my own conservator?

A) Yes, if you are 18 years or older and have the capacity to do so.

Q) What happens if I do not choose my own conservator?

A) The court appoints one for you.

Q) Do conservators get paid for their services?

A) Yes, Conservators are entitled to "reasonable" fees and expense reimbursement.

Q) Is the conservator personally liable for the debts of the incapacitated?

A) No, the conservator while acting as a fiduciary is not responsible for the incapacitated individual's debts.

Q) Someone close to me is, or is becoming incapacitated, can we involuntarily force them into a conservatorship?

A) Under certain circumstances, the probate court can be petitioned to create an involuntary conservatorship.

Q) If my loved one is showing signs of incapacity, can they still appoint a conservator?

A) Capacity to nominate a conservator requires a lower level of capacity than contract capacity.

Q) What are some downsides to conservatorships?

A) Detailed paperwork, loss of privacy, court hearings, lawyers, and loss of control.

Q) What are some benefits to conservatorships?

A) Supervision of your conservator by the probate court will assure your assets are not mismanaged or even stolen.

Q) How do I prove that I am the conservator of an individual?

A) The probate court will issue letters of conservatorship indicating your appointment and any restrictions. This document is used to establish and manage accounts of the individual as necessary.

Q) When does a conservatorship end?

A) When the incapacitated individual passes away, has no assets, or is otherwise dissolved by the court.

Q) How can me and my loved ones avoid conservatorship?

A) You can contact Attorney Patrick and have a Durable Financial Power of Attorney drafted.