

A conservatorship is a proceeding in probate court to protect an incapacitated adult. A conservator of the person takes care of daily living and personal decisions as well as medical matters. A conservator of the estate manages the conservatee’s finances. A guardianship is the same type of proceeding, but for the person and/or estate of minor.
A conservatorship proceeding is simple when the subject person, or "proposed conservatee," does not object to having a conservator appointed and all his or her loved ones agree about what needs to be done. It can be a good way to put an estate plan into place to avoid probate and/or minimize estate taxes, in cases where a person never created a living trust when they had the capacity.
But a conservatorship proceeding can also be one of the most stressful, expensive, and heartbreaking experiences you will ever have. This can happen where the proposed conservatee is opposed to having a conservatorship, has the ability to "mask" the deterioration of his or her mental state, or is being controlled by someone such as a caregiver, or where parties fight over who will make the decisions. In conservatorship litigation, it is vital for the wellbeing of the proposed conservatee that all parties and their attorneys are experienced in the process and can step back to look at the big picture as they move along.