Frequently Asked Questions (FAQs)

Conservatorships and Guardianships

What are the benefits of court involvement? What are the drawbacks?

The primary benefit of court involvement is the protection of the conservatee or ward. For example, a conservator or guardian of the estate is generally required to post a bond, file an inventory and appraisal of the beginning assets (with the appraisal performed by an independent referee appointed by the court), file regular accounts, obtain authorization or approval of the court for his or her acts, and obtain prior court approval to pay fees. A conservator or guardian of the person is required to file annual or biennial reports. In addition, there is an initial investigation for each conservatorship or guardianship petition filed, conducted by the court investigator’s office. Once a conservator or guardian is appointed, the court investigator’s office conducts regular assessments.

The primary drawback of court involvement is the expense. Most petitioners hire an attorney to draw up the paperwork. Often, an attorney is appointed to represent the proposed conservatee or ward. There are court fees, including the filing fee, the fees charged by the referee who appraises the non-cash assets, and the court investigator’s fees. Most of the expenses are incurred in the first year of the conservatorship or guardianship. However, since a conservatorship generally continues until the death of the conservatee, there will be on-going expenses in the administration of the conservatorship. A contested conservatorship can significantly increase the cost.

The other drawback is the lack of privacy. The assets and income of the proposed conservatee, as well as the reasons why court involvement became necessary, is a matter of public record.