Massachusetts Conservatorship Lawyer

What is a conservator?

In Massachusetts, a conservator is a person appointed by the Probate and Family Court to manage the property and financial affairs of someone who cannot manage them effectively because of a clinically diagnosed condition, such as dementia, brain injury, mental illness or another disability. The rules are set out in Article V of the Massachusetts Uniform Probate Code, General Laws chapter 190B.

A conservator may be responsible for:

• Collecting income, such as Social Security and pensions
• Paying bills, rent, mortgage and care costs
• Managing bank and investment accounts
• Filing tax returns
• Protecting and, with court approval, selling real estate
• Applying for benefits and handling MassHealth financial matters

A conservator is different from a guardian. A conservator manages money and property. A guardian makes personal and medical decisions. Some people need both.

When is conservatorship needed?

Families most often seek conservatorship when a loved one:

• Has dementia and is missing bills, losing money or falling for scams
• Has had a stroke or brain injury and cannot manage accounts
• Is entering a nursing home and needs someone to handle finances and a MassHealth application
• Owns a home that must be sold or protected, and no one has authority to act
• Has received an inheritance or settlement they cannot manage

Banks, nursing homes and MassHealth will usually not deal with family members who do not have legal authority. If there is no durable power of attorney, conservatorship may be the only way to get that authority.

Warning signs that a loved one needs help with money

Families often notice the problem before anyone talks about it. Common signs include:

• Unopened mail, late notices or shut-off warnings
• Bills paid twice, or not at all
• Unusual withdrawals, new credit cards or large gifts to new “friends”
• Frequent calls from telemarketers, lottery offers or people asking for wire transfers or gift cards
• Confusion about balances, checks or basic transactions they used to handle easily
• A new caregiver or relative who suddenly controls the person’s money

One sign alone does not mean a conservatorship is needed. But if several appear together, it is time to talk with the person’s doctor and with a lawyer about what authority the family has.

Alternatives to conservatorship

Because a conservatorship takes away a person’s control over their own property, the court looks for less restrictive options first. Alternatives include:

Signing a durable power of attorney while healthy is the best way to make sure your family never needs a conservatorship.

The conservatorship process in Massachusetts

1. Medical evaluation

The petition must be supported by a Medical Certificate from a qualified clinician based on a recent examination, describing the person’s condition and how it affects their ability to manage property. For a person with an intellectual disability, a Clinical Team Report is used.

2. Filing the petition

The petition is filed in the Probate and Family Court for the county where the person lives. It describes the person’s condition, property and income, and the proposed conservator.

3. Notice and the person’s rights

The person must be personally served, and family members and other interested people must receive notice. The person has the right to attend the hearing, to object, and to have a lawyer, who the court may appoint.

4. Bond

The conservator usually files a bond. Depending on the size of the estate and the court’s requirements, a surety bond may be required, which is paid from the person’s funds.

5. Appointment

If the evidence supports it, the court appoints the conservator, often with limits tailored to the person’s needs, and issues Letters of Appointment.

Temporary conservatorship

When property is at immediate risk, such as an imminent foreclosure, an unpaid nursing home bill or ongoing financial exploitation, the court can appoint a temporary conservator on an expedited basis, with limited powers for a limited time.

A conservator’s responsibilities after appointment

A Massachusetts conservator is a fiduciary and must act in the person’s best interest. Duties include:

• Inventory. Filing an inventory of the person’s property with the court within the time required after appointment, generally 90 days.
• Financial plan and management. Managing assets prudently, keeping the person’s money separate, and using it for their support and care.
• Annual accounts. Filing an account with the court each year showing all money received and spent.
• Court approval for major actions. Asking the court before selling real estate, making gifts, changing the person’s estate plan or taking other significant steps.
• Records. Keeping receipts and statements to support every transaction.

Conservators can be held personally responsible for mismanagement. We help conservators set up accounts properly, prepare inventories and annual accounts, and request court approval when needed.

Common mistakes conservators make

Most conservator problems come from good intentions without good records. Mistakes we help families avoid include:

• Mixing money. Depositing the person’s funds into a family member’s own account, even briefly.
• Paying yourself without approval. Reimbursing yourself or taking compensation without clear records and, when required, court review.
• Gifts and loans. Giving the person’s money to grandchildren, or lending it to relatives, without court approval.
• Missing deadlines. Filing the inventory or annual account late, which can lead to court orders or removal.
• Selling property informally. Selling a car, home or valuables without the authority or license the law requires.
• Ignoring taxes. Forgetting the person’s income tax returns or real estate tax bills.

A simple system from the start, with a separate account, a ledger and a folder of receipts, makes the annual account much easier. When you are unsure whether a payment or decision is allowed, ask before acting. A short call with your lawyer costs far less than undoing a mistake in court.

Selling a home in a conservatorship

Selling the person’s home is one of the most common reasons a conservator needs the court. A conservator generally must obtain a license from the court before selling real estate, with notice to interested people and evidence of the property’s value. The court considers whether the sale is in the person’s best interest, for example to pay for care. We prepare the petition and work with real estate agents and closing attorneys so the sale can proceed.

MassHealth planning in a conservatorship

A person entering a nursing home may still be able to protect some assets, for example by transferring property to a spouse or making other planning moves allowed by MassHealth rules. A conservator cannot make these decisions alone. The court must approve them, usually through a substituted judgment proceeding that considers what the person would have chosen if able. We guide families through that process and the MassHealth application.

Protecting a loved one from financial exploitation

Conservatorship can stop ongoing financial abuse by a caregiver, relative or scammer. Once appointed, a conservator can secure accounts, stop unauthorized transactions and, when appropriate, seek recovery of money taken. Elder Protective Services can also investigate financial exploitation of adults 60 and older. If you suspect someone is taking advantage of a loved one, act quickly.

Conservatorships for minors

A minor cannot directly receive and manage a large inheritance, life insurance payout or settlement. In some cases, a conservator must be appointed to manage the money until the child turns 18. Good estate planning, such as a trust for children, avoids this. We help families with both situations.

Choosing the right conservator

The court considers the person’s preferences, any nomination in a durable power of attorney, and the proposed conservator’s honesty, financial skills and relationship with the person. A good conservator keeps careful records, meets court deadlines and communicates with the family. A professional conservator may be appointed if no family member is suitable.

Ending a conservatorship

A conservatorship ends when the person regains the ability to manage their property, when the court finds it is no longer needed, or at the person’s death. At the end, the conservator files a final account and turns the property over to the person, or to the personal representative of their estate.

How we help

• Free consultation. We review the situation, in English, Portuguese or Spanish, and explain whether conservatorship is needed or whether an alternative will work.
• Petition. We coordinate the medical certificate and prepare the petition, bond and notices.
• Hearing. We represent the petitioner in court.
• Ongoing help. We prepare inventories and annual accounts, and request court approval for sales, MassHealth planning and other major steps.

Frequently asked questions

What is the difference between a conservator and a guardian?

A conservator manages money and property. A guardian makes personal and medical decisions. Some people need both.

Can a conservator sell the person’s house?

Yes, but generally only with a license from the court after notice and a review of whether the sale is in the person’s best interest.

Does a conservator have to file reports?

Yes. A conservator files an inventory after appointment and an account every year.

Can conservatorship be avoided?

Usually, yes, with a durable power of attorney and, in many cases, a revocable trust signed while the person still has capacity.

Is a conservator paid?

A conservator may receive reasonable compensation from the person’s funds, subject to court review. Many family members serve without pay.

How long does it take to get a conservator appointed?

An uncontested conservatorship often takes several weeks to a few months, depending on the medical certificate, notice and the court’s schedule. In an emergency, a temporary conservator can be appointed much faster.

Does the person lose all control over their money?

Not necessarily. The court can limit the conservatorship to the property or decisions where help is needed, and the conservator should involve the person in decisions as much as possible.

Can a conservator be removed?

Yes. The person, a family member or another interested person can ask the court to remove a conservator who is not doing the job properly, for example by missing accounts, mixing funds or acting against the person’s interest. The court can appoint a successor and order the former conservator to account for every dollar.

Can you help if the family speaks Portuguese or Spanish?

Yes. Our team includes fluent Portuguese-speaking and Spanish-speaking staff who work with Attorney Botelho.