Conservatorship Order

A Conservatorship Order is a legal decree issued by a court that grants an individual or organization the authority to make decisions on behalf of another person who is deemed unable to manage their own affairs due to incapacity, mental illness, or disability.

In a Conservatorship, the person appointed as the conservator is responsible for making decisions regarding the conservatee’s personal and financial matters. This may include managing the conservatee’s finances, making healthcare decisions, and overseeing their daily living arrangements. The conservator is often required to act in the best interests of the conservatee and may be subject to court oversight, including regular reporting on their activities and the conservatee’s well-being.

There are two main types of conservatorship:

1. Conservatorship of the Person: This type grants the conservator the authority to make decisions regarding the conservatee’s personal life, including healthcare, living arrangements, and day-to-day activities.

2. Conservatorship of the Estate: This type involves the management of the conservatee’s financial matters, such as handling assets, paying bills, and managing investments.

In Texas, the process to establish a Conservatorship Order typically involves filing a petition with the court, providing evidence of the individual’s incapacity, and potentially undergoing a court hearing where the individual’s condition and the need for conservatorship are evaluated. The court will consider whether less restrictive alternatives, such as power of attorney, are available before granting a conservatorship.

For example, if an elderly individual with dementia is no longer able to make informed decisions about their healthcare or finances, a family member may petition for a conservatorship to ensure that the individual receives appropriate care and that their financial resources are managed responsibly.