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What is a Conservatorship?

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Summary

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A conservatorship is when a judge appoints someone to help manage the money or personal care of someone who can’t do it independently. The helper is called a conservator, and the person who needs help is the conservatee.

Frequently Asked Question

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What is a Conservatorship for a child with special needs?

A Conservatorship is a legal arrangement where a responsible adult makes crucial decisions on behalf of a child with special needs, ensuring their well-being and safety.

How does a Conservatorship benefit a child with special needs?

A Conservatorship provides crucial support by allowing responsible adults to make decisions about the child’s education, healthcare, and financial matters.

Can Goally help with managing a Conservatorship?

Yes, Goally offers tools like visual schedules and apps to help children with special needs develop essential life and executive functioning skills, which can be beneficial within a Conservatorship.

What are the key decisions that fall under a Conservator's authority?

A Conservator typically makes decisions related to the child’s education, therapy, medical treatments, living arrangements, and financial management.

Scientific Definition

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A conservatorship is a legal arrangement in which a court-appointed individual or organization, known as the conservator, is given the authority to manage the personal and/or financial affairs of another person, referred to as the conservatee, who is deemed unable to manage their own affairs due to mental or physical limitations. Conservatorships aim to protect individuals who are vulnerable to exploitation or abuse.

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A Real World Example of Conservatorship

Sarah, a 17-year-old with Down syndrome, will soon turn 18. Her parents, John and Lisa, are concerned about her ability to manage her finances and make critical medical decisions. They decide to seek a conservatorship to ensure Sarah’s well-being.

  • Filing the petition: John and Lisa file a petition with the court, requesting to be appointed as Sarah’s conservators.
  • Court investigation: The court appoints an investigator to assess Sarah’s needs and determine whether a conservatorship is necessary.
  • Hearing: The court holds a hearing to review the petition and the investigator’s report. Sarah, John, and Lisa attend the hearing.
  • Appointment: The judge determines that Sarah needs assistance and appoints John and Lisa as her conservators.

With the conservatorship in place, John and Lisa can now help Sarah manage her finances and make important decisions, ensuring her needs are met as she enters adulthood.

How Does a Conservatorship Work?

Conservatorships are used to protect individuals who cannot manage their own affairs due to mental or physical limitations. Some examples of when a conservatorship may be necessary include:

  • Developmental disabilities: Adults with intellectual or developmental disabilities may need assistance with decision-making and daily living.
  • Mental health issues: Individuals with severe mental health conditions may require help managing their treatment and finances.
  • Age-related cognitive decline: Elderly individuals with dementia or Alzheimer’s disease may need support in their daily lives.
Type of Conservatorship Purpose
Conservatorship of the Person Manages personal care, healthcare, and living arrangements
Conservatorship of the Estate Manages financial affairs, assets, and income

Conservatorships provide a legal framework for protecting vulnerable individuals while ensuring their needs are met and their rights are respected. By appointing a trusted conservator, families can have peace of mind knowing their loved ones are receiving the support they need.