When an individual has little to no capacity to manage their legal affairs, a conservator is appointed to do the job for them. And according to a report from Probate Court Bond, there are approximately 1.3 million active adult guardianship and conservatorship cases across the United States in 2025.
It’s true that their role carries significant responsibilities, but is their authority unlimited? Can a conservator change a will for the person they’re caring for?
Courts set boundaries to ensure the conservatee’s rights and interests are protected. As such, they set limits for a conservator’s authority. Let’s understand these scope and limits to prevent abuse, overreach, or legal complications.
The Role of a Conservator: An Overview
In the event a person is unable to make decisions for his or her life, a conservator steps in to help. You may have wondered what he or she does. A conservator is appointed for the benefit of taking charge of and administering the personal affairs of an incapacitated person and is termed a guardian.
The conservator’s duties may include making decisions about health care, living arrangements, finances, and so forth, though they cannot create or change wills without the guidance of a wills lawyer. Attorneys bring the knowledge necessary to address intricate legal circumstances, reduce the likelihood of family conflicts, and safeguard your estate’s assets, says Mesa wills lawyer C. David Martinez.
The conservator acts on behalf of the individual rather than themselves. The intention is to meet a person’s basic needs while preserving as many of their rights as possible.
This could give the person added security and peace of mind so that family and close friends can then give their attention to the welfare of the individual concerned. If such problems affect you or any person you know, knowing what a conservator does can give one a feeling of being in the loop and secure.
Legal Frameworks Governing Conservatorship
Those participating in or considering conservatorship should be aware of the legal framework thereof. Each state has its own laws regarding the formation of a conservatorship. They set a standard of qualifications to be a conservator and the manner of supervision.
It is important to know which procedure to follow so that one can proceed legally. With conservatorships, the court has quite a say in it: the usual requirements include some proof of incapacity on the part of the individual in question.
An understanding in this area can create a level of safety and community for yourself and others going through the same painful road of empowerment. You’re not alone out there; there’s an army seeking clarity and support in this questionable territory.
Decision-Making Power: What Conservators Can Do
The steps leading up to major decisions are taken in the name of all those who cannot act for themselves because of incapacity. Therefore, a conservator enters into health care, finance, or decisions concerning life necessities when those things legally must be done in the interest of the incapacitated person.
The actual duties could, for instance, be arranging medical treatment, paying bills, or making very basic decisions about where the person should live. Being a conservator carries a great deal of responsibility; decisions made can literally change a person’s life.
It will mean much more than just managing someone’s affairs; it will mean offering solace to someone and helping empower them. Being able to express the person’s wishes can build a sense of belonging between the conservator and the individual in need.
Limitations on Conservator Authority
Conservators wield significant authority; their power isn’t absolute. You should know that conservators must operate within the boundaries set by the court. They cannot make decisions that infringe upon the individual’s rights or against the wishes of the individual being conserved.
For example, they cannot sell property without court approval or make medical decisions without due consultation. Conservators are required to act for the benefit of the person they are assisting. They must act for the best interests of the person’s needs and wishes. Otherwise, they can be held accountable before the law.
Understanding these limitations helps create mutual trust and ensure respect. This is proof that you value the life of the person under your conservatorship. Your knowledge about these limitations brings strength to community building and fosters a shared approach.
Ensuring the Rights and Autonomy of Individuals Under Conservatorship
The discussion around the rights and autonomy of persons under conservatorship must begin with the recognition of limitations placed upon a conservator. You must realize that the person under conservatorship still has rights to be respected.
Individuals under conservatorship have the right to make their voices heard. More so when the matters regarding their life are being discussed. It constitutes their medical care, expressing their wishes, and maintaining social interactions.
The conservator does not decide your whole life for you. Their job is to help you retain the maximum amount of independence possible. Advocating for your rights is highly important; it is your right itself.
Even while you contribute to conservatorship, an environment that values your independence will empower and include you.