Understanding Temporary Conservatorship
Conservators are individuals in Connecticut who can be appointed to manage the financial or personal affairs of another person. In the context of aging adults and elderly parents, it is important for adult children to have a general understanding of how conservatorships work in the state and to know that conservators can be appointed either on a voluntary or involuntary basis. While older adults can identify an individual to serve as a conservator, the issue of conservatorships often arises when an elderly person with Alzheimer’s or another form of dementia becomes unable to handle their own finances or to take care of themselves. In short, conservators are appointed upon incapacity.
In these situations, a conservator can be appointed to oversee a person’s financial affairs or to handle the personal affairs of the individual. While conservators can also be appointed for adults with disabilities (who are not elderly), conservatorships are particularly common for older adults who no longer have capacity. Now, in some cases, conservatorships are temporary. Our Connecticut elder law and estate planning lawyers can tell you more about temporary conservatorships.
What is a Temporary Conservatorship?
A temporary conservatorship refers to a situation in which a conservator is appointed on a temporary basis, rather than a permanent basis. According to the Connecticut Probate Courts, individuals who require temporary conservators typically need someone when an emergency happens. Like other conservatorships, the person seeking to become the conservator will need to petition the court to be appointed as a temporary conservator, and the court will hold a hearing to determine whether the temporary conservator should be appointed.
Appointing a Temporary Conservator
What information does a court need in order to appoint a temporary conservator? First, a person who wants to become the temporary conservator will need to file a petition. In most cases, a physician will also need to assess the person over whom the temporary conservator, if appointed, would have decision-making capacities.
Then, the court will need to find, by clear and convincing evidence, that all of the following are true:
- Respondent (the person who would have a temporary conservator) cannot manage their own affairs or provide care for themselves;
- Immediate and irreparable harm could come to the health or finances of the respondent if no temporary conservator is appointed; and
- Appointing a temporary conservator is the “least restrictive means” to prevent the type of harm described above.
In Connecticut, a temporary conservatorship typically lasts for 30 days from the date the conservator is appointed. It may be extended by the court upon a party’s request, depending on the circumstances.
Contact a Connecticut Elder Law and Estate Planning Attorney
If you have any questions about conservatorships in general or have specific questions about a temporary conservatorship, an experienced Canton elder and estate planning lawyer at the Law Office of Brian S. Karpe can help. We assist adult children and their elderly parents in a range of legal issues involving estate planning, asset protection, and more. Contact us today for more information about how we can assist with your family’s current situation.
Source:
ctprobate.gov/Documents/User%20Guide%20for%20Conservators.pdf
