Conservatorship

How it works

Arizona permits a court to appoint a conservator when it specifically finds on the record, by clear and convincing evidence, that a person cannot effectively manage their estate and affairs for reasons such as mental illness or mental deficiency.

New Hampshire permits a person who considers themselves unfit through mental or physical disability to manage their property to apply voluntarily to probate court for a conservator.

Wisconsin permits an adult resident who is unwilling or believes they are unable to manage assets or income to apply voluntarily to circuit court for appointment of a conservator of the estate.

Where it shows up for owners of businesses, real estate and private investments

A conservatorship of the estate concerns assets or income in Wisconsin. New Hampshire's voluntary application concerns property. Arizona's appointment concerns a person's estate and affairs.

West Virginia permits a limited conservator when a protected person's property or finances are so limited that only designated contexts warrant limiting the person's legal rights.

Points that are easy to confuse

A conservatorship can end upon specified events, including the ward's death, restored ability to manage affairs when continuation is not in the ward's best interest, or a court finding that the conservatorship is no longer necessary.

Voluntary applications and court appointments have different stated bases. New Hampshire and Wisconsin describe voluntary applications, while Arizona describes a court finding for appointment.

Common questions