How long does conservatorship last?
Jurisdiction of the court in a conservatorship continues while the incapacity exists but ends at death. The conservator has to make periodic reports to the court and petition the court for additional authority under certain circumstances. Are conservators paid? Typically a conservatorship allows the conservator to be paid for his or her services. The conservator is also entitled to attorney fees to seek legal advice. In addition, the court will require a conservator to purchase a type of insurance policy known as a “surety bond” to protect the conservatorship estate. The costs and expenses of a conservatorship are paid from the property of the person. How can an estate plan prevent a conservatorship proceeding? An estate plan uses several tools which can prevent the court from gaining jurisdiction over your affairs. A Living Will or Directive to Physicians is used to determine if artificial life support systems are to be used or withheld. A Durable Power of Attorney for Health Care is
A conservatorship will last as long as it is needed. It will end if the conservatee, or person who is the subject of the conservatorship, no longer needs a conservator. For example, if someone was unable to care for himself because of the effects of a medical condition, but he is treated or recovers sufficiently to care for himself again, then there will be no more need for a conservator and the conservatorship will end. If the conservatee dies, the conservatorship of both the person and of the estate, or financial assets of the person, will immediately end. At that point it will be up to the Personal Representative named in a Will or the Trustee of a Trust to handle the estate or assets of the deceased. A conservatorship of the estate of a person will also end if all the assets of the person are used up. If a conservator is no longer willing or no longer able to act as conservator, that will not end the conservatorship. The conservatorship will continue if it is needed, but the courts
