A conservator takes on a significant role, providing care and managing the finances or personal affairs of someone unable to do so. However, a conservator does not have limitless authority. Understanding the boundaries of a conservator’s power is crucial for both conservators and conservatees.
Restrictions on decision-making
A conservator must make decisions in the best interest of the conservatee. However, they cannot overrule certain rights. For example, a conservator cannot force a conservatee to agree to major medical procedures without proper court approval. The conservatee maintains some personal rights, including the right to refuse certain treatments.
Financial limitations
Financially, a conservator’s power is also limited. The conservator must get court approval for specific financial decisions, especially those involving large sums of money, real estate transactions, or changes to the conservatee’s estate. The court oversees the conservator’s financial activities to ensure that the conservatee’s assets are protected and used responsibly.
Personal rights of the conservatee
Conservatees do not lose all personal freedoms under a conservatorship. They retain the right to receive visitors, communicate with others, and make day-to-day choices unless a court has expressly restricted those rights. Conservators must respect these personal freedoms and cannot isolate the conservatee without legal grounds.
Court oversight and accountability
The court supervises conservators to prevent abuse of power. Conservators must regularly report to the court, providing detailed accounts of financial transactions and decisions made on behalf of the conservatee. Any decisions that fall outside the court’s guidelines can lead to penalties, removal from the position, or even legal action.
A conservatorship aims to protect individuals who need help, but it does not strip away all of their rights. Understanding the limitations of a conservator’s power helps ensure that the conservatee’s autonomy and well-being remain at the forefront.