Conservator in Scottsdale & all Phoenix Metro locations
What is a Conservator?
A conservator is someone who takes care of the affairs of individuals who cannot take care of themselves. The individual is refereed to as "protected person" or "ward".
Conservators are routinely needed in situations where illness or advanced age make a person vulnerable to exploitation. They are also needed where mental illness, developmental disability, drug or alcohol abuse, illness after serious trauma, such as car accident, or other causes leave an individual without the mental capacity to make healthy, reasonable and informed decisions about their own affairs. Conservators are also required for the protection of minors without parents.
There are two basic types of conservator. A “conservator of the person” is someone who is given the legal right to make decisions about day-to-day life. This can include arranging for general care, deciding on the place of residence, such as private home or care facility, and being in charge of health care, personal care, and food. In Arizona, this person is referred to as guardian.
A “conservator of the estate” is given the legal right to handle financial affairs and make financial decisions on someone else's behalf. The court oversees all financial transactions. In some cases the conservator must obtain authorization for certain transactions, such as selling a residence or other real property. The conservator is required to purchase a bond which acts as a sort of insurance for the protected person's assets. Courts prefer to appoint a family member to act as conservator. However, in situations where there is no family or where no family member is willing or able to assume the responsibility, the court may appoint a private fiduciary as conservator.
A conservator will manage the affairs of the protected person only as long as needed. Should the protected person recover to the point where he or she is able to take care of their own affairs again, then the conservatorship will end. In the event that all assets should be used up because there was very little to begin with, or expenses were very high, (for example as result of full-time skilled nursing care) the conservatorship will end. Otherwise, conservatorship will end upon the death of the protected person.
In all cases of conservatorship, court authorization is required. The need for a conservatorship must be demonstrated and supported by medical professionals. In Arizona, the probate court is in charge of the request and review process.
If you have a loved one needing the services of a conservator and you cannot be there yourself, please call me to discuss your situation and find out how I could be of service.