When someone can no longer take care of their own money or property, families often wonder: Who will make sure the bills get paid and assets are protected? In Massachusetts, the legal answer may be a conservatorship.
A conservatorship is a court process where a judge appoints a trusted person (called the conservator) to handle the finances of someone who cannot do it themselves (called the protected person). This might be needed if someone is struggling because of:
- Alzheimer’s disease or dementia
- A serious illness or injury
- A developmental disability
- Mental health challenges or
- A minor who owns property
The conservator steps in to make sure money is managed responsibly and always in the best interests of the protected person.
A Conservatorship is different from a Guardianship and sometimes a person needs both a Conservatorship and a Guardianship for protection. A conservatorship covers money and property (paying bills, managing accounts, protecting assets). A guardianship covers personal care (medical decisions, living arrangements, and overall well-being).
The process starts with filing papers in the Probate and Family Court. The court will review medical evidence, notify close family members, and hold a hearing. A judge will then decide whether a conservatorship is needed and who should serve in that role. Courts usually prefer to appoint a family member, but if that’s not possible, a professional or public conservator may be chosen.
Because conservatorship involves giving up a lot of control, it’s usually considered a last resort. If the person who needs protection has an appropriate level of understanding they may execute a durable power of attorney, change their bank accounts and investments into joint accounts with a trusted family member, or create a trust.
Conservatorship in Massachusetts is designed to protect people who can’t manage their finances. It can bring peace of mind to families, but it also comes with responsibilities and court oversight. If you think a loved one may need a conservator, speaking with an experienced attorney can help you understand your options and guide you through the process.
