Conservatorship
Estate planningGlossary term
Definition
A court-ordered arrangement in which a judge appoints a person or organization, called a conservator, to manage the financial and personal affairs of an adult who is deemed unable to care for themselves. Conservatorships are typically established for individuals with severe cognitive impairments, mental health conditions, or physical disabilities. They involve significant court oversight and can be difficult to reverse, making them a measure of last resort when less restrictive options like power of attorney are not in place.
Related terms
- GuardianshipA legal arrangement in which a court appoints a person to make personal, financial, or healthcare decisions for someone who is unable to care for themselves, such as a minor child or an incapacitated adult. In estate planning, parents typically name a preferred guardian for their minor children in their will. Without a designated guardian, a court will decide who will care for your children, which may not reflect your wishes.
- Power of AttorneyA legal document that grants another person, called an agent or attorney-in-fact, the authority to make decisions and act on your behalf in financial, legal, or healthcare matters. A power of attorney can be limited to specific transactions or broadly cover all financial affairs, and it can take effect immediately or only upon your incapacitation. Having a power of attorney in place ensures that someone you trust can manage your affairs if you become unable to do so yourself.
- TrustA legal arrangement in which one party, called the trustee, holds and manages assets on behalf of another party, known as the beneficiary. Trusts can be used to control how and when your assets are distributed, potentially reduce estate taxes, and avoid the probate process. There are many types of trusts, each designed to address specific financial and estate planning goals.
- Advance DirectiveA broad term for legal documents that allow you to express your healthcare preferences and appoint someone to make medical decisions on your behalf in case you become unable to do so. Advance directives typically include a living will and a healthcare proxy, though specific requirements and terminology vary by state. Having advance directives in place ensures that your medical care aligns with your values and reduces the burden on family members during difficult times.
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