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WHAT YOU NEED TO KNOW BEFORE
FILING A PETITION TO
APPOINT A CONSERVATOR
»» What is a conservator?
A conservator is a person appointed by a probate
court and given power and responsibility for the
estate (financial assets and property) of an adult
(called a protected individual).
»» What is a guardian?
A guardian is a person appointed by a probate
court and given power and responsibility to make
certain decisions about the care of another
individual. These decisions might include treat-
ment decisions or where the individual should live.
If the individual has a reduced life expectancy due
to advanced illness, the guardian may have the
power to make an informed decision on behalf of
the individual regarding receiving, continuing,
discontinuing, or refusing medical treatment. A
full guardian can make all decisions for the
individual. A limited guardian can only make
decisions for the individual that the court allows.
»» When would a conservator be needed?
A conservator may be needed when the
individual is unable to manage his or her property
and financial affairs effectively because of
certain reasons and:
1) he or she has property that will be wasted
or used up unless proper management is
provided; or
2) funds are needed for the support, care,
and welfare of the adult and any of his or
her dependents.
A mentally competent adult who, because of age
or physical limitation, may voluntarily petition the
court himself or herself for the appointment of a
conservator to assist in managing his/her estate.
Some of the reasons that might prevent the individual
from being able to manage his or her
property and financial affairs are:
1) mental illness or deficiency;
2) physical illness or disability;
3) chronic use of alcohol /other intoxicants;
4) confinement;
5) detention by a foreign power; or
6) disappearance.
»» Is a conservator needed for an individual who
cannot manage his or her property or financial
affairs effectively?
A conservator might not be necessary if someone
else already has legal authority (an individual with
power of attorney, for example) to make decisions
about the individual's estate and there are no
problems with the decisions being made.
»» How is a proceeding for a conservator started?
Any person who is interested in the individual's
welfare may complete a Petition for Appointment of
Conservator (form PC 639) and file it, along with the
filing fee, with the probate court.
»» Is a lawyer necessary?
No, but a lawyer can be helpful, especially if any
interested person opposes the appointment
of a conservator.
»» Can mediation be used for disagreements about
a conservator?
Certain disagreements about a request for a guard-
ian may be mediated outside the court if all parties
agree to attend mediation or if a judge order parties
to attend mediation. The court clerk can tell you if
mediation services are available in your court.
»» What happens when the court accepts the
petition for filing?
After the petition is accepted for filing, the court
will appoint a guardian ad litem to represent the
individual in the court proceeding unless the
individual has his or her own lawyer or unless a
mentally competent adult voluntarily requests
the appointment.
It is important for you to cooperate with the
guardian ad litem. The guardian ad litem does
not have the authority to make decisions for the
individual. The individual may have to pay for the
guardian ad litem.
If necessary, the court may also order the
individual to be examined by a physician or a
mental health professional. The court may also
send someone (called a visitor) to interview the
individual. The visitor may be the guardian ad
litem or a court officer or court employee.
»» Can the individual get a conservator
immediately in an emergency?
If the court believes an individual's estate
requires immediate protection before appointing
a conservator, the court may issue a preliminary
protective order. This order may involve the
appointment of a special conservator. The order
will authorize specific acts that provide for
immediate protection of the individual's assets.
PC 667 (11/02)
Approved, SCAO
What You Need to Know Before Filing a Petition to Appoint a Conservator
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