Conservatorship Guidance

Conservatorships are typically considered for individuals who may face challenges due to:

• >Developmental or intellectual disabilities
• Severe medical or mental health conditions
• Inability to manage personal, financial, or medical decisions independently

For youth under 18, parents usually act as the default decision-makers. However, in situations where parents are unable or unavailable, a court may appoint a conservator. For young adults aged 18–25, a conservatorship may be considered if they cannot fully manage their own affairs due to a disability or other significant challenges.

• Petition to the Court: A parent, guardian, or other concerned party submits a request to the court.
• Evaluation: The court may request assessments of the individual’s abilities and needs.
• Court Hearing: A judge reviews evidence and hears from all relevant parties before making a decision.
• Appointment: If granted, the court appoints a conservator and specifies the scope of their responsibilities.

Rights and Oversight

Even under a conservatorship, individuals retain certain rights, and the conservator is legally obligated to act in their best interests. Courts provide regular oversight to ensure that the conservator is fulfilling their responsibilities appropriately.

Depending on the situation, less restrictive options may be considered, such as:

• Power of Attorney (for financial or medical decisions)
• Supported decision-making agreements
• Guardianship (for minors under certain circumstances)

File a Petition with the Court

• A petition is submitted to the local probate or family court.
• The petitioner is usually a parent, relative, guardian, or other concerned party.
• The petition must include information about the individual, their needs, and why a conservatorship is necessary.

Notify Interested Parties

• The individual and close family members must be notified of the petition.
• In some cases, a court investigator may interview the individual and family.

Court Investigation and Evaluation

• The court may require medical or psychological assessments to evaluate the person’s ability to make decisions.
• A court investigator may report on the individual’s abilities and needs.

Court Hearing

• The judge reviews all evidence, including reports, assessments, testimony and Online Conservatorship Orientation.
• The individual has the right to attend the hearing and may have an attorney appointed to represent them.

Court Decision

• If the judge finds that the individual cannot make necessary decisions independently, a conservatorship is granted.
• The judge appoints a conservator and defines their powers and responsibilities.

Ongoing Oversight

• Conservators must provide regular reports to the court about the individual’s well-being and finances.
• The court may review the conservatorship periodically to ensure it is still appropriate.