One of the most common questions people ask when planning for the future is, “Who will make decisions for me if I become unable to make them myself?”

Ideally, you’ll never need a conservator. By creating a comprehensive estate plan that includes a Durable Power of Attorney and an Advance Healthcare Directive, you can often avoid the need for a court-appointed conservator altogether.

However, if someone becomes unable to manage their financial affairs or personal care and has not put the proper legal documents in place, the Connecticut Probate Court may appoint a conservator to act on their behalf.

What Is a Conservator?

A conservator is an individual or organization appointed by the Connecticut Probate Court to assist someone who is unable to manage certain aspects of their personal or financial affairs due to physical or mental limitations.

Depending on the circumstances, the court may appoint:

• A Conservator of the Estate, who manages financial matters such as paying bills, managing assets, and handling property.
• A Conservator of the Person, who assists with personal care decisions, including healthcare, living arrangements, and other daily needs.

In some cases, the same person may serve in both roles.

Related Article: Conservator Of The Estate Vs. Conservator Of The Person

Who Can Serve as a Conservator?

The Probate Court has broad discretion when appointing a conservator.

A conservator may be:

• A family member
• A trusted friend
• A qualified professional
• A nonprofit organization
• A municipal entity authorized by law
• A state official, when appropriate

Hospitals and nursing homes generally cannot serve as conservators due to potential conflicts of interest.

The court may also appoint a successor conservator, who can step into the role if the original conservator resigns, becomes unable to serve, or passes away.

Can You Choose Your Own Conservator?

Yes, and planning ahead is one of the best ways to ensure your wishes are respected.

When you create a Durable Power of Attorney, you can nominate the person you would want the Probate Court to consider as the conservator of your estate if one ever becomes necessary.

Likewise, your Advance Healthcare Directive allows you to express your preferences regarding who should serve as conservator of your person if the court must appoint one.

Although the Probate Court always has the final authority, Connecticut law gives significant weight to your written nomination unless the court determines the individual is unable, unwilling, or unsuitable to serve.

Planning ahead gives you a voice in who may one day make important decisions on your behalf.

Related Post: Who Has the Legal Power to Make Decisions for You?

How Does the Probate Court Choose a Conservator?

If you have nominated someone in advance, the Probate Court will generally honor your choice whenever possible.

If no one has been nominated, the court carefully evaluates who would be the most appropriate person to serve.

Factors the court may consider include:

• The person’s ability to fulfill the responsibilities of a conservator.
• Their understanding of the respondent’s wishes and values.
• Their commitment to preserving the individual’s independence whenever possible.
• Any actual or potential conflicts of interest.
• The overall cost of the conservatorship.

The court’s primary goal is always to appoint someone who will act in the best interests of the conserved person while preserving as much independence as possible.

Related Article: Power of Attorney Vs Conservator – A True Story!

 

What If There Isn’t a Suitable Conservator?

Occasionally, there may not be an appropriate family member, friend, or other qualified individual available to serve.

In certain situations, the Connecticut Commissioner of Social Services may be appointed as conservator if the individual meets specific statutory requirements, including certain age and financial eligibility criteria.

Because these rules may change over time, an elder law attorney can help determine whether this option may apply in a particular situation.

Does a Conservator Get Paid?

A conservator may be entitled to reasonable compensation for the services they perform, subject to approval by the Probate Court.

The court considers the nature of the services provided, the amount of time involved, and other relevant factors when determining appropriate compensation.

Family members serving as conservators may choose to waive compensation, while professional conservators typically request payment for their services.

What Are a Conservator’s Responsibilities?

A conservator has a legal duty to act in the best interests of the conserved person.

That includes:

• Managing finances responsibly.
• Paying necessary expenses.
• Protecting assets.
• Making decisions within the authority granted by the Probate Court.
• Keeping accurate records.
• Filing required reports with the court.

A conservator must also encourage the conserved person to participate in decisions whenever possible and respect their known wishes unless doing so would place them at risk of harm.

The court grants only the authority necessary to meet the individual’s needs. Any rights that are not specifically transferred to the conservator remain with the conserved person.

Related Post: Conservatorship In Connecticut – Basic Guidelines

Can Conservatorship Be Avoided?

In many cases, yes.

One of the primary goals of estate planning is to reduce the likelihood that a conservatorship will ever become necessary.

By creating a Durable Power of Attorney and an Advance Healthcare Directive while you still have legal capacity, you can authorize trusted individuals to make financial and healthcare decisions on your behalf if you become incapacitated.

Planning ahead not only allows you to choose who will act for you, but it can also save your loved ones the time, expense, and stress of pursuing a conservatorship through the Probate Court.

Planning Ahead Gives You More Control

No one likes to think about becoming unable to manage their own affairs. However, planning today gives you the opportunity to decide who will help you if that day ever comes.

At Reed Wilson Case, we help Connecticut families prepare for the future through comprehensive estate planning, including Durable Powers of Attorney, Advance Healthcare Directives, trusts, and other planning tools designed to protect your independence and your wishes.

If you have questions about conservatorships or incapacity planning, we’re here to help.

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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