What Is the Role of a Conservator?

You may have heard about famous cases of celebrities like Britney Spears, Amanda Bynes, and Wendy Williams being put under and/or fighting to get released from their conservatorships. But you may never guess that this can happen to you or your loved one, as well. Without further ado, please continue reading to learn the role of a conservator and how one of the experienced Butler County powers of attorney lawyers at Heritage Elder Law & Estate Planning, LLC, can help you better understand when this is necessary.

What is the role and responsibility of a conservator?

Simply put, a conservator is an individual or organization appointed by a court to help manage the financial affairs, and sometimes even the personal care, of someone else, known as the conservatee. This may be deemed a critical role if a conservatee can no longer manage these responsibilities independently due to an illness, disability, or other serious incapacity.

Therefore, a conservator is charged with ensuring that a conservatee’s current needs are met and that they maintain the necessary resources to satisfy their future needs (i.e., they save enough money to afford a nursing home or assisted living facility later on). All the while, they are expected to file routine reports with the court to prove that they are acting in the conservatee’s best interests.

Under what circumstances is a conservator appointed?

To reiterate, a Pennsylvania probate court may rule to appoint a conservator over an individual whose current health condition makes them unable to care for themselves. But more specifically, the court may have to resort to this option if this individual, an impending conservatee, did not designate powers of attorney in their estate plan. This is because, for one, a financial power of attorney assigns an agent to handle financial tasks on a grantor’s behalf. Secondly, a healthcare power of attorney appoints an agent to make medical decisions on a grantor’s behalf.

With that being said, it is arguably better for an individual to plan for powers of attorney rather than leaving a decision over conservatorship up to the probate court. This is because an individual may maintain control over their financial and healthcare wishes, while their requested agent can properly prepare to assume this important role. In contrast, a court may name a conservator who is otherwise unequipped for these responsibilities, and who may accidentally go against your wishes if you never explicitly expressed them before your incapacity.

So, for the sake of incapacity planning, you must strongly consider incorporating powers of attorney legal documents into your overall estate plan. We should urge your loved ones to do the same. Understandably, this may all seem like a headache during this especially overwhelming time. Well, to alleviate some of the pent-up stress, please turn to the legal aid of one of the skilled Butler County estate planning attorneys. Contact our office, Heritage Elder Law & Estate Planning, LLC, right now; someone will be more than happy to speak with you.