In the context of legal and guardianship matters, a conservator and conservatee refer to two parties involved in a legal relationship where one person (the conservator) is appointed by the court to make decisions and take care of the personal affairs and/or finances of another person (the conservatee) who is unable to do so on their own. This arrangement typically arises when the conservatee is considered incapacitated or unable to manage their affairs due to various factors, such as age, physical or mental disabilities, or cognitive impairments.

Conservator: A conservator is a legally appointed individual who assumes responsibility for managing the personal, financial or both aspects of the life of the conservatee. The appointment process for a conservator typically involves a court proceeding where evidence is presented to demonstrate the conservatee’s incapacity and the need for someone else to step in and act on their behalf. The court then decides whether to grant conservatorship and selects a suitable person to take on this role.

The responsibilities of a conservator may vary depending on the court’s orders and the specific needs and limitations of the conservatee. Generally, a conservator’s duties include:

1. Financial Management: Handling the conservatee’s assets, income, and expenses. This may involve paying bills, managing investments, and ensuring the conservatee’s financial well-being.
2. Personal Care: Making decisions related to the conservatee’s health, living arrangements, and daily care. This may involve medical decisions, choosing a suitable residence, and ensuring they receive proper care and attention.
3. Reporting: Keeping detailed records of all transactions and decisions made on behalf of the conservatee and providing regular reports to the court as required by law.

A conservator must act in the best interests of the conservatee, prioritizing their well-being and ensuring their rights and wishes are respected to the extent possible.

Conservatee: A conservatee, on the other hand, is an individual who is deemed to lack the capacity to manage their personal and/or financial affairs independently. This incapacity could be due to old age, mental illness, cognitive impairment, or physical disability. The court intervention through conservatorship is designed to protect the conservatee from potential exploitation or harm by granting legal authority to a responsible individual (the conservator) who can act in their best interests.

Being a conservatee means that the person’s decision-making abilities are impaired to the extent that they cannot handle certain aspects of their life alone. The level of incapacity can vary from individual to individual, and in some cases, the conservatee may retain certain rights while others are delegated to the conservator.

It’s essential to recognize that conservatorship involves a significant loss of autonomy for the conservatee, so it should only be pursued when all other alternatives for supporting and assisting the individual have been considered and deemed inadequate.

Overall, the relationship between a conservator and conservatee is one of trust and responsibility. The conservator must act with diligence, transparency, and empathy, always acting in the conservatee’s best interests and respecting their rights and dignity.

From the desk of Shawn Rabban 310 – 714 -5616 shawnrabban@yahoo.com