What is a conservatorship in Massachusetts?
Conservatorship is a legal process in which the Massachusetts Probate and Family Court appoints a person—called a Conservator—to make certain decisions on behalf of someone who is mentally or physically unable to care for themselves.
What is the duties of a conservator?
A conservator of the person is supposed to make sure that your personal needs are met. A conservator of the estate is supposed to protect your finances or manage your money. In general, a conservator has a duty to protect you from abuse or neglect, and to help you integrate in society.
What is the difference between a property guardian and a conservator?
Guardianship Versus Conservatorship – What Is the Difference? “A guardian of the person is responsible for decisions about care provisions and living arrangements of the ward. A guardian of the estate, also known as a conservator, is charged with the ward’s property and financial affairs.”
What is the difference between a power of attorney and a conservator?
While a power of attorney allows the maker of the POA, if practical, to handle his own financial affairs, a conservator has complete control over those affairs.
Does a conservatorship trump a POA?
If a conservator is appointed for you, the attorney-in-fact will have to account to the conservator—or the conservator may revoke your durable power of attorney altogether. As mentioned above, you can use your durable power of attorney for finances to name your attorney-in-fact as your first choice for conservator.
What happens in a conservatorship when the conservator dies?
A13: If a guardian or conservator dies or is incapacitated, the guardianship or conservatorship over the ward does not end. A successor guardian or conservator will need to be appointed. Resignation by a guardian does not terminate the guardianship until approved by the court.
Who needs a conservatorship?
A conservatorship is necessary for those individuals who have neither a power of attorney or healthcare directive, and have lost the ability to make informed decisions and/or care for themselves. A conservatorship may also be necessary for other reasons, such as an invalid or fraudulent power of attorney document.
What is wrong with Britney Spears that she needs a conservator?
Britney was put under conservatorship following her very public breakdown in 2008. Following a year of seemingly erratic behavior—such as shaving her head and attacking a paparazzo’s car with an umbrella—the singer was put under a “5150 hold” in a psychiatric hospital for a mental health evaluation.