A conservatee is a person who has been placed under the legal care and protection of someone else, known as a Conservator.
The legal arrangement that arranges this type of relationship is known as a Conservatorship, which is established when a person is no longer able to handle their own affairs due to factors such as advanced age, cognitive decline, mental illness, or physical incapacitation.
The specific laws and procedures related to conservatees and conservatorships vary by state, but in general, they are established to ensure the well-being and protection of individuals who are unable to manage their own affairs due to incapacity.
Key points about conservatees include:
Incapacity: A conservatee is someone who, due to incapacity, is unable to make informed decisions about their own well-being, assets, and personal affairs.
Court Oversight: The appointment of a Conservator for the conservatee is usually done through a legal process that involves court oversight. The court reviews evidence and assessments to determine whether the individual meets the criteria for conservatorship.
Conservatorship: A conservator is appointed to act on behalf of the conservatee, making decisions related to their care, finances, and other matters. The conservator is obligated to act in the Best Interests of the conservatee.
Duties of the Conservator: The conservator is responsible for managing the conservatee's affairs, ensuring their well-being, making financial decisions, and handling other matters as specified by the court.
Limited Autonomy: While a conservatee retains certain rights, they may have limited autonomy over decisions, particularly those related to healthcare, living arrangements, and financial matters.
Regular Assessments: Depending on the jurisdiction, conservatorships are periodically reviewed by the court to ensure that they are still necessary and appropriate.
Termination of Conservatorship: If the conservatee's condition improves and they regain the ability to make decisions, the court may consider terminating the conservatorship.
Protection and Support: The primary purpose of a conservatorship is to protect individuals who are unable to protect themselves, ensuring that their needs are met and their best interests are upheld.
When handling the administration of a conservatorship or the settlement of an estate after the death of a conservator or conservatee, it's important to consult with an Elder Law Attorney, Estate Attorney, Probate Attorney, Guardianship Attorney, or Family Law Attorney.