A conservatorship becomes necessary in circumstances where there is a minor or an incapacitated person who requires a person appointed by the court to be responsible for the financial affairs of the minor or incapacitated person.  A conservatorship is sought in the probate court. 

In the case of a minor, the court must determine that:  1)  the minor owns money or property requiring management or protection that cannot otherwise be provided; 2) the minor has, or may have, business affairs that may be put at risk or prevented because of the minor’s age; and 3)  money is needed for support and education and that protection is necessary or desirable to obtain or provide money for the minor. 

In the case of an incapacitated person, the court must determine that: 1) the person is “incapacitated”, meaning that the person’s ability to receive and evaluate information or to make or communicate decisions (even with the use of appropriate and reasonable available technological assistance) is impaired; and 2) the person has property that will be wasted or depleted unless management is provided, or money is needed for the support, care, education, health, and welfare of the individual or of individuals who are entitled to the individual’s support and that protection is necessary or desirable to obtain or provide money.




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