CONNELLY LAW
Serving Rhode Island, Massachusetts and Connecticut
401-724-9400
Southern New England's Certified Elder Law Attorney
Rhode Island, Connecticut, and Massachusetts Certified Elder Law Attorney
Conservatorships
A conservatorship is a legal arrangement in which a court appoints an individual or organization to manage the finances, property, or personal affairs of someone who is unable to do so themselves. This may be due to age, illness, or disability. The conservator acts in the best interests of the person, ensuring that their assets are protected and their needs are met.
The Need for Conservatorships
Conservatorships are essential for protecting vulnerable individuals who cannot manage their own affairs. They prevent exploitation, financial mismanagement, and neglect, offering peace of mind for families and loved ones. This process ensures that the person's legal rights and dignity are preserved, while providing practical support and guidance.
The Steps of a Conservatorship
Establishing a conservatorship involves a series of legal processes designed to protect individuals who are unable to make decisions for themselves due to physical or mental limitations. Understanding the main steps of a conservatorship is essential for anyone considering this important responsibility, as it ensures that the interests and well-being of the person in need are safeguarded throughout the process. Below is an overview of the typical steps involved in setting up a conservatorship.
​
Assessment and Petition: The process begins with an evaluation of the individual's abilities and needs. A formal petition is filed with the court, setting forth the grounds for conservatorship.
​​
Court Review: The court reviews the petition, gathers evidence, and may appoint an investigator to determine whether a conservatorship is the appropriate solution.
​​
Appointment of Conservator: If the court determines that help is needed, it appoints a conservator—someone trustworthy and capable of acting in the best interests of the individual.
Ongoing Oversight: The conservator is required to regularly report to the court, providing updates on financial decisions and the well-being of the person under care.
​Modification or Termination: Conservatorships may be modified or terminated if the individual's circumstances change or the arrangement is no longer necessary.
Duties of the Conservator
The conservator must post a surety bond before assuming control of the protected person's income and assets. The court sets the amount of the bond based on the value of the protected person's assets and annual income. The conservator must ascertain the protected person's income and assets, file an inventory with the court, and take the steps necessary to preserve or protect those assets. The conservator has to use the income and assets to pay for the reasonable expenses of the protected person.
​
The conservator must file an accounting with the court each year that lists all income received and expenses paid during the preceding year. Canceled checks and account statements are attached to the accounting. Copies of the accounting and notices must be mailed to the protected person and to any other persons and agencies required by law. The conservator must get specific permission from the court before doing certain things with the protected person's money and property. For example, the conservator must obtain the court's approval to sell the protected person's residence, withdraw funds from a restricted account, or purchase property from the protected person for the conservator's own use.​
Leading Conservator Expert in Southern New England
Attorney RJ Connelly is recognized as one of the leading conservators in Southern New England. With decades of experience, he understands the intricacies and emotional challenges involved in establishing and maintaining a conservatorship. His professional, empathetic approach ensures that clients receive clear guidance and compassionate support throughout every step of the process. RJ's expertise helps families navigate complex legal matters with confidence and care.
​
If you are considering a conservatorship or need advice, Attorney RJ Connelly is here to help. Reach out today to learn how he can guide you and your loved ones through this important journey with professionalism and understanding. Call us at 401-724-9400.
Determining whether or not a loved one needs an appointed conservator is not an easy decision. Even more difficult is when a court appoints a conservatorship which you feel is unnecessary or carries the risk of abuse or other dangers to the well-being of your loved one. Whatever the case may be, our firm can walk you through the legal process for finding a solution or can act as a conservator.
​
---- RJ Connelly III
Contact Us!
"Southern New England's Certified Elder Law Attorney"
Call Connelly Law Today
Rhode Island Elder Law Attorney
Phone: 401-724-9400
Fax: 401-724-3046
Our office locations
Connecticut
Broadway Street
Mystic, CT 06355
860-440-7600
Rhode Island - Main Office
372 Broadway
Pawtucket, RI 02860
401-724-9400
​
Massachusetts
Martha's Vineyard
East Chop, MA 02557
508-316-2396
Follow us on:
This website includes general information about legal issues, issues affecting seniors and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues and/or problems.