January 8, 2016

Conservatorship – Limitations

Limitations: Understanding what we can and cannot do.

While the Court appointment grants significant authority to a Conservator, it is important to understand there are limits to this power. The authority of a Conservator is often mistaken with the authorities of a Guardian. A conservator cannot:

  • Force a client to move, take medication, attend doctor appointments, or give permission for medical treatment
  • Organize any medical treatments or care, but the Conservator is required to organize payment for these treatments and care. That is why it is essential that the client (their Guardian, Power of Attorney, or caregiver) and the Conservator to work closely together

Our Conservators will establish a budget and distribute a certain amount of personal money to the client. We will not restrict the use of that personal money.

While we hope to develop a relationship with families as partners in care, this partnership requires equal consideration from the families. In the case of large families, it is helpful if one person can be the point of communication and relay the information to others. When that is not possible, group emails or other agreements may be necessary to manage communication needs.

The Conservator is going to conduct the budget on what the client’s resources are able to afford.

The Conservator will apply or cooperate with others that are applying for public benefits for our conservatorship clients, many times these applications are subject to cooperation of others such as a spouse or family members.

The Conservator does not control the actions or timeline of organizations such as Social Security Administration, Veterans Administration, Department of Human Services, or other benefit providers. These application processes take months, sometimes years, to conclude.

NEXT: Our Conservatorship Process

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