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What is a Conservatorship?

In the commonwealth of Pennsylvania, a conservatorship is defined as the legal designation of an individual to oversee the financial affairs of another person. In some cases, the conservatorship involves a person incapable of responsibly managing finances. In other instances, that individual may be capable but unavailable to manage his or her finances. For example, a person with certain types of assets who ends up on a military of duty likely will be unable to directly deal with certain financial matters.

Finally, there are situations in which a person may be neither disabled nor unavailable. That individual simply may not want to manage finances. A conservatorship is also possible in Pennsylvania in this type of situation. This sometimes is referred to as a voluntary conservatorship.

Court Order

A conservatorship is established by an order of a judge. It is not something that a person can create without judicial involvement. The process begins by filing a petition for the appointment of a conservator in the country where the person in need of this types of financial management and assistance resides.

The Conservator and the Conservatee

The court designates a person to serve as the conservator on behalf of the conservatee. Typically, the court will appoint the individual nominated for the position of conservator in the initial legal documents filed with the court. In some instances, a court will appoint someone else to handle the task.

Guardianship Not Always Necessary

A person oftentimes hears the terms guardianship and conservatorship together. A guardianship is created when a person cannot manage the affairs of day to day living. In reality, a person may need a conservatorship for financial matters but still be able to appropriately address matters associated with day to day living. Thus, when a conservatorship is created, there is not always an associated guardianship. However, when a guardianship is established, there is always an associated conservatorship.

Conservatorship Versus Power of Attorney

As noted above, a conservatorship is established by order of the court. On the other hand, a power of attorney is created when a person executes an appropriate legal instrument designating a person to act on his or her behalf in regard to certain financial matters. A conservator has more authority than does a person designated as a so-called agent-in-fact in a power of attorney.

Questions surrounding a conservatorship can best be answered by an experienced Pennsylvania estate and probate lawyer. A Pennsylvania estate and probate attorney will schedule an initial consultation about conservatorship law with a prospective client at no charge.