Who serves as the conservator? |
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To be a conservator, an individual must be willing to accept the fiduciary role of managing the incompetent person’s affairs under the supervision of the probate court.
To be a conservator, you must be over the age of 18 and capable of obtaining a bond to insure performance of your duties. The court will examine any applicant to determine whether there are any past problems or conflicts of interest that would serve to disqualify an applicant. Typical problems that disqualify applicants are previous bankruptcy filings, felony criminal convictions and judgments arising from fraud or breach of fiduciary duty.
In appointing a conservator, the probate court will first follow the written directions of the Conservatee. In the absence of written directions, the probate court will give priority to family members. The probate court can also appoint neighbors, friends or even a private professional to serve in the role. The probate court is also empowered to appoint the county through an agency known as the public guardian. |