How Does a Conservatorship Work?
You might be most familiar with conservatorships because of high-profile cases, such as Britney Spears and her father, Jamie. The pair have become embattled as of late, with their ongoing legal tiff spilling into the public eye. Spears’s conservatorship has roots in a 2008 mental health crisis, which she is now openly contesting. This highly publicized affair, and/or others like it, might have piqued your interest in learning more about this legal designation. Read on for more information on what a conservatorship is and what it can entail.
What Is a Conservatorship?
A conservatorship might, at first glance, seem like a foreign concept. However, it’s closely akin to a guardianship, which might ring more familiar. Conservatorships and guardianships are legal mechanisms used when someone cannot effectively manage his or her own assets.
How Do Conservatorships Typically Work?
Legally speaking, conservatorships designate (through a judge’s decision) a responsible person, known as the conservator. This individual steps in to care for a person, referred to as the conservatee or the ward, when they cannot care for themselves or handle their own finances.
When this designation is made, the conservator takes on the powers recognized by the order. However, this does not mean the conservatee forfeits or loses their rights. They still have the right to basic human rights, proper care, and they have the right to have their wishes considered.
In effect, a conservatorship transfers someone’s legal and financial well-being to another person at the behest of a court. And it can only be reversed by a court.
Additional Info
In many cases, a potential conservatee has at least some say in their conservatorship. For instance, a conservatee can suggest who they’d like to be their conservator. This suggestion won't necessarily be followed by the court, but it's the conservatee’s right to make their opinions known. The court is supposed to take that request into deep consideration when appointing.
Often, a relative is appointed as guardian and/or conservatorship. However, an institutional guardian or conservator, such as an attorney or banker, is elected in some instances. In all cases, courts supervise the conservatorship. Periodically, a court representative or guardian ad litem may meet with the conservatee and ensure their conservator is serving their best interests.
Guardianships and conservatorships are typically not easily terminated. More often than not, a lawyer will be needed. Generally speaking, guardianships and conservatorships often do not have set dates or times they extend; many are indefinite in nature. This means that the conservatee must demonstrate to the court that they no longer require a conservator to fulfill their affairs and obligations. That’s how the conservatorship can be lifted.
Have more questions regarding conservatorships or other legal designations/matters? Kristin Waters Sullivan is here to answer them. Connect with her and enlist expert legal advice and representation that works on your behalf!