Guardianships and conservatorships can be useful tools to protect minor children, disabled adult children, elderly adults, and temporarily disabled adults. Few individuals, however, have a full understanding of guardianships and conservatorships. The terms are often lumped together and ill defined, even among those who practice in the field. The following is a list of questions frequently asked by our clients concerning conservatorships:
What is a conservatorship?
A conservatorship is a legal relationship between the conservator and the conservatee. The conservator is vested with the power to control and manage the conservatee’s financial affairs, as defined by Kansas law. Though this term is commonly confused with guardianships, a conservatorship concerns the finances of an individual whereas a guardianship concerns the care of the person of the ward. Guardianships and conservatorships are often appointed simultaneously, as a person in need of care physically will often also require help managing their finances.
Who can be a conservator?
The conservator can be anyone over the age of 18 or a corporation which is appointed by the court to act on behalf of the conservatee. The conservator must manage the finances of the conservatee to the betterment of their financial position.
Who is a conservatee?
A conservatee is defined as an individual who has a conservator. The conservatee will be a minor child or an adult with an impairment that makes him or her incapable of managing his or her finances in an appropriate manner. There must be no other alternatives to the appointment of a conservator for the court to elect to proceed in this manner.
What does the conservator do?
The conservator is charged with acting on behalf of the conservatee to manage the estate for the express benefit of the conservatee. The conservatorship can be limited or full, and may be used in conjunction with a guardianship. The conservator must present the court with a verified accounting of the conservatee’s income and expenses on an annual basis or more often if requested.
What is the goal of a conservatorship and a guardianship?
Both conservatorships and the related legal instrument of guardianship are a means for the state to attempt to help and protect a person that is incapable of self-care, whether it be care for his or her health and safety or finances. Those that can benefit from a conservatorship and guardianship include minor children with income from an inheritance or other source, disabled adult children, elderly adults, and adults that have become temporarily disabled.
Guardianships and conservatorships can be temporary or permanent, depending upon the needs of the minor or incapacitated person. Temporary conservatorships can be removed upon request by another individual or the conservatee, if the court finds it is so warranted.
Are there alternatives to conservatorship?
Most people turn to conservatorship as a last resort, as it confers extensive power and takes some time to establish. There are several viable alternatives to a conservatorship. One effective way is to prepare and sign a durable power of attorney. This can be for finances, as well as advance healthcare directives. With these documents, you can allow someone you trust to make decisions for you if you become incapacitated in the future. Similarly, different legal tools are available to provide parents with control over their minor children’s finances or disabled adults income and personal affairs. A family law attorney can thoroughly advise you as to your options.
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