A Conservator is appointed after a petition for conservatorship has been filed with Superior Court. It is the petitioner’s responsibility to meet the legal criteria for conservatorship. The criteria for conservatorship is the inability of an adult to meet their own individual health needs, and/or be unable to provide adequate food, clothing, or shelter. In addition, a conservator of the estate may be appointed for an individual who is substantially unable to resist fraud or undue influence. Once appointed, the Conservator is legally responsible for the care, custody and control of the conservatee. Every measure is to be taken to keep the conservatee out of harm’s way, and to meet their needs for health care, food, clothing and shelter. Below is a list of roles that the Court expects a Conservator to fill.
The fundamental duties of the Conservator are:
Conservator of the Person:
1. Provide for proper health care:
~ Arrange for doctor appointments
~ Monitor medical treatment
~ Advocate for necessary treatment
~ Advocate for the wishes of Conservatee
2. Arrange for proper nutrition
3. Arrange for proper clothing
4. Provide for adequate shelter, in the least restrictive setting as possible, considering risk factors, cash resources, and the Conservatee’s desires.
5. Arrange for reasonable safety/comfort, recreation, social activities.
Conservator of the Estate:
1. Prepares inventory of conservatee’s assets
2. Conducts search for hidden assets
3. Locates and takes control of all conservatorship assets
4. Manages conservatorship estate in a prudent manner
5. Pays bills of the conservatorship estate
6. Prepares and submits periodic accountings to the court for review and approval
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