What Are The 7 Powers Of Conservatorship?

Introduction

Conservatorship is a legal process in which a court appoints an individual or organization to manage the affairs of an individual who is unable to do so themselves due to incapacity or disability. The person appointed as the conservator has certain powers and responsibilities that must be carried out in the best interest of the individual. In this article, we will discuss the 7 powers of conservatorship.

Power of Decision Making

The conservator has the power to make decisions on behalf of the individual under conservatorship. This includes decisions related to healthcare, living arrangements, and financial matters. The conservator must act in the best interest of the individual and make decisions that align with their wishes and values.

Power to Manage Property

The conservator has the power to manage the individual’s property and assets. This includes buying and selling property, managing investments, and paying bills. The conservator must keep accurate records of all financial transactions and report to the court on a regular basis.

Power to Make Contracts

The conservator has the power to enter into contracts on behalf of the individual. This includes contracts related to healthcare, housing, and financial matters. The conservator must ensure that any contracts entered into are in the best interest of the individual and do not create undue financial burden.

Power to Sue and Defend Lawsuits

The conservator has the power to sue and defend lawsuits on behalf of the individual. This includes legal action related to property, contracts, and personal injury. The conservator must act in the best interest of the individual and seek legal counsel if necessary.

Power to Control Access to the Individual

The conservator has the power to control who has access to the individual under conservatorship. This includes limiting visitation and communication with certain individuals if it is in the best interest of the individual. The conservator must ensure that the individual’s rights are protected and that any limitations on visitation or communication are necessary.

Power to Make Gifts

The conservator has the power to make gifts on behalf of the individual. This includes gifts to family members, friends, and charitable organizations. The conservator must ensure that any gifts made are in the best interest of the individual and do not create undue financial burden.

Power to Terminate Conservatorship

The conservator has the power to petition the court to terminate conservatorship if it is no longer necessary. This may occur if the individual regains capacity or if the conservatorship is no longer in the best interest of the individual. The conservator must provide evidence to the court that termination is appropriate.

Conclusion

In conclusion, the 7 powers of conservatorship are decision making, management of property, contract making, suing and defending lawsuits, controlling access to the individual, making gifts, and terminating conservatorship. These powers are bestowed upon the conservator to ensure that the individual under conservatorship is cared for and protected. The conservator must act in the best interest of the individual and carry out their responsibilities with diligence and care.