Conservatorship

A conservatorship is a Probate Court proceeding initiated by a petition in which someone seeks to become the Conservator of an incapacitated person for the purpose of managing their business affairs. Such proceeding may become necessary in the absence of a Durable Power of Attorney executed while the subject person is still competent.

Conservatorship proceedings are similar to decedent estates in that proper petition must be filed and justified, a bond must be approved, public notice must be made and periodic court supervision made of all of the activities of a conservator in managing the assets and income of the incapacitated person - referred to as the "Ward".

As in the case of functions performed through a Power of Attorney, a conservator is bound by a strict "duty of trust" to manage the other person's financial affairs honestly as a reasonable person might, and not to expropriate any income or assets of the Ward. Violation of this duty of trust may subject the conservator to actual and punitive damages under Alabama law.