What Is a Conservatorship?
Conservatorship in Connecticut means that the Court appoints a person or organization to manage the life of another adult. There are Voluntary and Involuntary conservatorships. We will discuss Voluntary Conservatorships in a subsequent article. This article discusses Involuntary Conservatorship.
In an Involuntary Conservatorship, the adult being conserved has to be deemed incapable of caring for him or herself either financially or personally, or both. This assessment has to be done by a doctor or a mental health professional. As well as submitted to the court with the petition for a conservatorship.
There Are Two Basic Types of Conservatorship In Connecticut
One to manage the conserved person’s financial affairs and one to manage their personal affairs. The court may appoint two separate individuals to perform these roles or one person to oversee both.
Conservator of The Estate
The conservator of the estate manages the finances of a conserved person that is unable to do so by himself or herself. Financial actions include applying for public assistance benefits, as well as handling their assets and income.
Conservator of The Person
The conservator of the person is appointed specifically to maintain the personal needs of the conserved person. Such needs include clothing, food, health care, shelter, and safety.
Related Post: Conservator Of The Estate Vs. Conservator Of The Person
Where To File For a Conservatorship In Connecticut?
In Connecticut, the Probate Court has sole jurisdiction over the appointment of conservators. The petition for conservatorship must be filed with the Probate Court. In the district where the person that needs to be conserved is located, currently resides, or where their permanent home is located.
If the respondent moved to Connecticut within the past six months, the conservatorship might have to be filed in the state where the respondent previously resided.
How Much Does It Cost To File For Conservatorship In Connecticut?
The petitioner is responsible for paying the fees that have to do with filing, hearing notices, copies, and recording documents. In Connecticut, the filing fee for a conservatorship is $250. Additionally, the petitioner may want to hire an attorney to assist with the filing of the Petition and the Court will appoint an attorney to represent the respondent.
The Probate Court may delay or waive some fees if it finds that those fees would make it hard for the petitioner. If the petitioner is appointed as the conservator, he or she may be paid back for those fees from the conserved person’s assets.
Related Post: What Is A Conservator?
Who Can Be a Conservator?
A conservator may be a single individual, a state official, a non-profit organization, or a business, except hospitals or nursing homes. The conservator takes care of the financial and/or personal affairs of a conserved person.
During the conservatorship proceedings, a secondary conservator may also be appointed. If the appointed conservator is unable to perform, resigns, and is removed as the conservator, or dies, the successor will take his or her place.
How To End a Conservatorship In Connecticut?
There are several possible situations that lead to the termination of a conservatorship:
- The conserved person can petition the probate court to terminate the conservatorship at any time. No medical evidence is required to prove that the conserved person is capable of taking care of his or her own financial and/or personal affairs, although it is helpful. If the court finds that the conserved person is capable, the conservatorship of the estate and/or the conservatorship of the person will be terminated.
- A conservatorship of the ESTATE can be terminated if the conserved person’s assets are below the asset limits allowed for the state supplement program. Currently, the asset limits are $1,600 for an individual and $2,400 for a married couple. In this case, the conservator of the estate has to let go of the remaining assets. Either to the conservator of the person or, if there is none, to another person.
- The Probate Court can choose to end a conservatorship during the annual review. Conservatorships are reviewed 1 year after the conservator was named and every three years thereafter. After each review, the court will choose to either continue, modify or end the conservatorship.
Related Post: Power Of Attorney Vs. Conservator – A True Story!
Can You Appeal a Conservatorship in Connecticut?
Anyone who is not happy with a probate court’s decision regarding a conservatorship can submit an appeal to the Superior Court. The appeal deadline is either 30 or 45 days after the date on which the court mailed the conservatorship order.
Filing for a conservatorship of another person is a BIG DEAL! You are basically holding someone’s life in your hands. Whether you are in charge of their financial or personal affairs. As a conservator, you should always have the best interest of the conserved person in mind. Always consult an attorney when making significant decisions for the conserved person.
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Disclaimer: The information provided in this article does not, and is not intended to, constitute legal advice and is for general informational purposes only.
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Marketing & Technology Director at RWC, LLC, Attorneys & Counselors at Law
Ukraine born and Israel / Miami, FL raised. University of Miami graduate in the Marketing field.
Mom to a girl, a boy, and a Siberian Husky.