A Brief Guide to Conservatorships

When an adult can no longer make sound decisions about their health, safety, or finances, the court may appoint a conservator to step in and help. Despite being a trending topic of public discussion commonly associated with celebrities and musicians, it’s one of the most misunderstood areas of law. Conservators can range from responsible persons to legal professions always appointed by a judge. An attorney will also be assigned to the conserved person to ensure the conservator's actions are legal and ethical.

As one of the leading conservatorship firms in Connecticut, we are shedding light on the inner workings of conservatorships to dispel polarizing myths. Let's start with breaking down the different types of conservatorships.

Types of Conservatorships

Voluntary

These are created when a capable adult chooses to have a conservator appointed to help manage their affairs either personal, financial, or both.

The person must understand what they’re agreeing to and voluntarily request the appointment in Probate Court. It’s often used by older adults who want extra support without giving up all control. The conservatorship can be terminated at any time upon the individual’s request if they remain competent.

Involuntary

An involuntary conservatorship is established when the court determines that an individual is incapable of managing their affairs or caring for themselves, and no less restrictive option will suffice. A petition is filed with the Probate Court, usually by a family member, doctor, or social worker. Medical evidence is required to prove incapacity. The person has legal rights during the process including notice of the hearing, representation by an attorney, and the opportunity to object.The court tailors the conservatorship to meet the person’s specific needs (it can be limited or plenary).

Conservator of the Person

A Conservator of the Person makes personal and medical decisions on behalf of someone who cannot do so safely or effectively. Responsibilities may include deciding where the person lives, consenting to medical care and treatment, overseeing daily care, coordinating with healthcare providers, caregivers, and family.

The conservator of the person must act in the individual’s best interest and with the least restrictive means possible. Annual reports must be filed to the Probate Court describing the person’s condition and living arrangements.

Conservator of the Estate

A Conservator of the Estate is responsible for managing finances and assets for someone who can’t handle them independently. Every transaction must benefit the conserved person. Large expenditures, sales, or transfers often require court approval.

The COE's responsibilities may include:

• Collecting income (Social Security, pensions, rent).

• Paying bills, taxes, and ongoing expenses.

• Managing investments and real estate.

• Protecting assets from waste or exploitation.

• Filing periodic financial accountings with the Probate Court for review.

When Is a Conservatorship Needed?

You may consider petitioning for a conservatorship if your loved one:

• Is unable to pay bills, manage income, or prevent financial exploitation.

• Can no longer make sound medical or personal decisions.

• Is at risk of abuse, neglect, or self-harm.

A medical evaluation and court hearing are required. The individual has the right to attend the hearing, be represented by counsel, and contest the petition.

Myth: A Conservatorship Strips Away All Rights

Truth: Connecticut courts always aim to protect an individual’s autonomy whenever possible.

There are two types of conservatorships. Conservator of the Person allows the appointed person to manage personal and medical decisions (i.e. healthcare, living arrangements). Conservator of the Estate handles financial matters like paying bills, managing income, and preserving assets. The court can grant limited powers, meaning the conservator only handles the areas where help is needed as opposed to the person's entire life.

Myth: Anyone Can Be Appointed as a Conservator

Truth: The court chooses a conservator based on the individual’s best interests, not family hierarchy.

While family members often serve, the court may appoint a professional conservator (such as an attorney or fiduciary) if there’s family conflict or evidence of financial mismanagement.

Every conservator must take an oath and file annual accountings to ensure full transparency with the Probate Court.

Myth: A Power of Attorney Is the Same Thing as a Conservatorship

Truth: A Power of Attorney is a voluntary legal document, while a conservatorship is court-ordered.

If an individual becomes incapacitated and has no POA in place, loved ones must petition the court for conservatorship. Planning ahead with estate planning documents like Powers of Attorney and Health Care Directives can often prevent the need for court intervention later on.

Myth: Once Appointed, a Conservatorship Is Permanent

Truth: Conservatorships are reviewable and reversible.

If the person regains capacity or circumstances change, the court can modify or terminate the arrangement. The system is designed to protect the individual not to trap them.

How Whitehead & Munson Can Help

Our team guides families through every stage of the conservatorship process:

• Filing petitions and presenting medical evidence.

• Advising on whether a limited or plenary conservatorship is appropriate.

• Helping conservators fulfill reporting and accounting duties.

• Transitioning out of conservatorship when it’s no longer needed.

We aim to strike the right balance between protection and independence because every individual deserves dignity and proper oversight.

A conservatorship should always be a last resort when no other planning tools exist. The best way to avoid an unwanted court process is by creating a comprehensive estate plan early, while you’re still able to make those decisions yourself.

If you have questions about conservatorships or proactive planning, call us today at (860) 400-3020 or visit our website to schedule a consultation.

Learn more about conservatorships today!