When Is Conservatorship Used in Connecticut?

 Posted on August 24, 2021 in Estate Planning

There are a variety of situations in which adults may not be able to fully care for themselves. In some cases, an elderly or disabled adult may be looking to create a legal arrangement in which someone they trust will be able to provide them with the care they need and help them manage their finances. In others, a person’s loved ones may wish to give themselves the legal authority to make decisions on the person’s behalf. While these types of arrangements are usually referred to as guardianships, the state of Connecticut uses the term “conservatorship,” and different types of conservatorship may be appropriate depending on a person’s circumstances.

Conservatorship in Connecticut

A probate court may appoint a person as the conservator of someone who is incapable of caring for themself or managing their own financial affairs. A conservator of the person will supervise the person’s health and personal needs, ensuring that they receive the proper food, clothing, shelter, and medical care. A conservator of the estate will supervise a person’s finances, including managing their property and assets and determining how any income or benefits earned by the person will be used. A person may serve as both types of conservator, or one person may be appointed as the conservator of the person, while another person, organization, or financial institution may be appointed as the conservator of the estate. However, a nursing home or hospital cannot serve as a person’s conservator.

A conservatorship may be either voluntary or involuntary. Any interested party may file a petition to establish an involuntary conservatorship that alleges that a person does not have the capability to manage their personal needs or finances. In these cases, a hearing will be held to determine if conservatorship is appropriate, and the court may consider medical evidence related to examinations performed by a doctor, psychologist, or psychiatrist.

A voluntary conservatorship may be established if a person requests that someone be appointed to help them manage their affairs and ensure that they receive the proper care. In these cases, it will not be necessary to show that the person is incapable of caring for themself, and the authority granted to a conservator may be limited, ensuring that the person will be able to address their own needs as much as possible.

Contact Our Greenwich Conservatorship Attorneys

In cases involving conservatorship or guardianship, the parties can ensure that their rights will be protected by working with an experienced attorney. At Ivey, Barnum & O'Mara, LLC, we will advise you of your rights as either a conservator or a person who needs assistance, and we will work with you to create a legal agreement that will meet your needs. Contact our Connecticut estate planning lawyers at 203-661-6000 to set up a free consultation and get legal help with conservatorship or other related issues.

Sources:

http://www.ctprobate.gov/Documents/User%20Guide%20for%20Conservators.pdf

https://www.cga.ct.gov/current/pub/chap_802h.htm