By Appointment Only 1-877-456-6785 Contact Us

Conservatorships / Guardianships / Committee(s)

All conservatorships and/or committee(s) are appointed by regional courts.  The petitioner is usually contacted by a concerned person about a person needing help with daily living activities and/or finances.  The petitioner will require an attorney to petition the courts and additional personnel from the courts will be assigned to ensure a conservatorship/committee is warranted.

on Sunday December 01
Was this helpful?

A conservator / committee is the person who is legally appointed to manage the estate and/or health of the infirmed. A conservatorship / committee is a legal tool to provide management for the financial and/or personal affairs of individuals deemed by the court to be physically or mentally incapacitated. A conservatee or Infirmed Person is a person who is the subject of a conservatorship/committee. A Conservator/Committee of the Person is appointed by the court to assume responsibility for decisions regarding the health and welfare of a person. A person is determined by the court to be incapacitated when he or she lacks sufficient understanding or “capacity” to make or communicate responsible decisions concerning his or her daily living needs. A Conservator/Committee of the Estate is responsible for the prudent use and protection of the infirm's assets. The conservator/committee is responsible for inventorying, marshalling and managing all assets and benefits belonging to the infirmed. The conservator/committee receives income, pays obligations of the estate, applies for pensions, and organizes data for the preparation of income tax returns and other related duties.

on Thursday December 12
Was this helpful?

Any person may be designated by the Social Security Administration or other retirement plans to receive the income and pay the expenses of an incapacitated individual.  We do not serve independent of any other designation (e.g. estate trustee, conservator/committee, or power of attorney).

on Thursday December 12
Was this helpful?

The local probate court often appoints an attorney to represent the alleged incapacitated person. A court investigator is also appointed by the court to determine the need for a conservator / committee and to recommend a suitable person, or approve of the nominated petitioner, to serve in that role. All issues and information are brought before a probate court judge who decides if the person is incapacitated or in need of protection and, accordingly, appoints a conservator/committee. The appointed fiduciary is accountable to the court for his or her work. The fiduciary must report to the court and receive the court's approval in carrying out his responsibilities as specified in Letters of Conservatorship / Committee but may also ask the court for additional information when necessary. A surety bond for the conservator/committee is required, which is intended to protect the assets of the infirm's estate. Note that the bond is paid from the infirm's estate since the protection is for the conserved (infirmed).

on Thursday December 12
Was this helpful?

Words of Wisdom

I want to thank you for all you have done, your kindness and attention to FM in these last difficult years. While FM may not have been happy with her condition, the arrangements you made for her care in her last years made her comfortable and your continued visits to her must have been high points in her days of being confined in her activities. Thanks again....View More..
We hope you will enjoy the holidays knowing that you have given DR a new life. Your plans for her and the understanding of her needs are giving her a sense of confidence she's never before experienced. Bless you for all your efforts....View More..
It has been a true pleasure to work with you; I can honestly say you have been a true blessing in D’s life. With your support we were able to see D blossom to the lovely lady she is today....View More..
I feel kudos are due to you and appreciation should be shown for the above and beyond you do on our behalf. Thank you for being such a conscientious person and so thorough and efficient. Di, Mother, and I do really appreciate your work....View More..
Eric is a stand up guy. You can count on him. He is reliable, smart, helpful and thinks out of the box. He has been very helpful with suggestions and enhanced services. Add to this the fact that he is fast, able to meet deadlines and fix technical problems in a jif and you have one heck of a guy. And, wonder of wonder, he's nice. Which just goes to prove nice guys finish first!...View More..
Through you my life, has changed so much. I can do things now, and don't worry, as such. I don't worry so much, on how things will end. I just know things will end, from where I send. Through Sue, you came into my life. Now a lot less crying, stress and strife. Of you I am so very, very proud. I could scream it, from the highest hill aloud......View More..
He is supportive and genuinely concerned with the conservatee's quality of life......View More..
Thank you so much for helping us take a crappy situation and turn it into an awesome adventure! We are super grateful for everything!...View More..
He is a professional who cares about his clients and fights for them so that they may benefit from the best outcome of their affairs. I am personally pleased with the assistance he was able to give to a relative of mine. I would like add that Mr. Mayfield is also a warm and charming person with a good sense of humor and interest in people....View More..
We appreciate your efforts more than you know!...View More..
Thanks for working so hard to get us on the correct, appropriate financial citizenship!...View More..
You're the type of client that the legal profession appreciates most...highly organized and well documented....View More..

Powers of Attorney

Under common law, a power of attorney becomes ineffective if its grantor dies or becomes "incapacitated," meaning unable to grant such a power, because of physical injury or mental illness, for example, unless the grantor (or principal) specifies that the power of attorney will continue to be effective even if the grantor becomes incapacitated. This type of power of attorney is called "power of attorney with durable provisions" in the United States or "enduring power of attorney" elsewhere. In effect, under a durable power of attorney (DPoA)[1]  >>

Estate or Trust Administration

A trustee will manage investments, keep records, manage assets, prepare court accountings, pay bills (depending on the nature of the trust) medical expenses, charitable gifts, inheritances or other distributions of income and principal. Trustees are not required to exercise all of the powers that they are granted.[2] A trustee can manage any number of trust types, including Charitable, Special Needs Trusts, ILIT, Corporate, and Estate Trusts. >>

Conservator / Committee

The term conservatorship is synonymous with elderly guardian but used mostly in the western United States. It is a court-appointed process that can be very expensive as the petitioners and proposed conservatee all must be represented by attorneys, with just a few exceptions for in pro per family members without objections. The reason for the expense is that the proposed conservatee's estate is expected to bear the burden of the court costs in the procedures to appoint.>>

Back to Top