Do I need a Conservator?

A conservator is someone who is appointed by a probate court to make health care (Conservator of the Person) and/or financial (Conservator of the Estate) decisions for an incapacitated individual. 

If you have named a Power of Attorney (POA) for financial matters and a Health Care Representative for health care matters, there is generally no need for a conservator. 

If, however, someone refuses to deal with your POA agent or health care representative, then there may be no choice except to apply to the local probate court for a conservator. 

Prior to seeking a conservator you should consult with an attorney because the authority of a Conservator is more limited and restrictive than that of an agent under a Power of Attorney and a POA is usually the preferred mechanism to handle an incapacitated person’s affairs.