Making everyday decisions is something we take for granted, from choosing meals to planning vacations. But what happens if you're no longer able to make decisions for yourself? Selecting the right person to act as your conservator is crucial for ensuring your personal and financial needs are met according to your wishes.

What Is a Conservator?

A conservator (also known as a guardian or guardian of the estate in some states) is a court-appointed individual who manages your financial affairs if you're unable to do so. This person handles tasks such as signing checks, managing real estate, and making key financial decisions on your behalf. Choosing a conservator in advance ensures that someone you trust will be in charge, rather than relying on a court to make the decision for you.

The Role of a Financial Power of Attorney

In your estate planning, you've likely considered and signed a financial power of attorney, which authorizes someone to manage your financial affairs if you're incapacitated. However, there may be situations where additional legal authority is required, and the financial power of attorney alone may not be sufficient. This is where appointing a conservator becomes essential.

By nominating a conservator in your estate plan (if allowed in your state), you can avoid having a judge appoint someone you might not choose, such as an estranged relative. This can often be done through documents like a declaration of preneed guardian, which ensures your wishes are clearly communicated to the court.

How to Choose the Right Conservator

Choosing the right person to serve as your conservator is essential to maintaining your desired quality of life. Here are key questions to consider when evaluating potential candidates:

• Do they have the time? The best candidates may be busy with their own lives and not have the availability to take on the responsibility of managing your affairs.
• Do they live nearby? Some tasks require in-person handling, even in today's digital world. A conservator who lives far away may face challenges in fulfilling their duties efficiently.
• Do they have the necessary skills? Your conservator should be organized, reliable, and capable of managing financial responsibilities. Someone who is disorganized may not be the best choice for this important role.

Why You Need to Nominate a Conservator

If you don't appoint a conservator through your estate plan, state laws will dictate who takes on the role, potentially leading to someone you wouldn't want making decisions on your behalf. By nominating someone in advance, you can avoid this outcome and ensure the court gives priority to your choice. Additionally, nominating a conservator allows your loved ones to avoid the lengthy and expensive legal process of going through the courts to appoint someone after you've become incapacitated.

Take Control of Your Future

Selecting a conservator allows you to control who will manage your financial affairs and make important decisions if you're unable to do so. Taking the time to make this decision now ensures your affairs will be handled by someone you trust.

If you have questions or need help choosing the right conservator, contact us today. We're here to guide you through the process and ensure that your estate plan reflects your wishes.