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Simple English definitions for legal terms
conservatorship
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A quick definition of conservatorship:
A conservatorship is when a court appoints someone to make decisions for a person who can't make decisions for themselves because of their age, mental capacity, or physical disability. The person who needs help is called the "conservatee." The court will decide if the person needs a conservator by looking at their health, finances, and wishes. The conservator will manage the conservatee's affairs, like their money and medical care. The conservator has to update the court regularly and get permission before making big decisions. The conservator gets paid from the conservatee's money, but the court makes sure they are paid fairly. The conservatee or their family can ask for the conservator to be replaced if they are not doing their job. A conservatorship can end if the conservatee dies or runs out of money.
A more thorough explanation:
A conservatorship is a legal arrangement where a court appoints a conservator to manage the affairs of a person who is unable to handle them due to their mental capacity, age, or physical disability. The person under the conservatorship is called the "conservatee."
For example, if an elderly person has dementia and cannot manage their finances or daily life responsibilities, a conservator may be appointed by the court to make decisions on their behalf.
Conservatorships are governed differently in each state, but in general, the process of starting a conservatorship begins when a person petitions for the court to appoint a conservator to an individual. The court will examine factors such as the person’s finances, health condition, and the person’s wishes to determine whether the person is incapacitated and needs a conservator.
A judge may appoint a family member or an independent party as the conservator. The conservator will be responsible for managing the conservatee's finances and making decisions on their behalf. They will also have to seek permission from the court before making any major decisions regarding the conservatee's financial assets or medical care.
Conservators are paid for their services through the conservatee’s assets, but the court will review these payments to make sure they are reasonable. The conservatee or their relatives can ask for the conservator to be removed and replaced if they are not performing their duties.
One high-profile example of a conservatorship is the case of Britney Spears, who has been under a conservatorship for 13 years despite people feeling she is not incapacitated.