Tip for Conservatorship Petition (state-specific)

Consider less restrictive alternatives: power of attorney, representative payee, joint bank accounts, or trusts

Tip for Conservatorship Petition (state-specific)

The conservator is typically required to post a surety bond equal to the conservatee's liquid assets

Tip for Conservatorship Petition (state-specific)

Annual financial accountings are mandatory and must be detailed

Advance Planningvery hard

Petition for Conservatorship

Conservatorship Petition (state-specific) · State Courts (Probate/Family Court)

Court petition to manage the financial affairs of an incapacitated person. May be combined with or separate from guardianship depending on state law. Requires evidence of financial incapacity or vulnerability.

Form Details

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Where to Submit This Form

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File with the probate or surrogate court in the proposed conservatee's county of residence

Conservatorship specifically addresses financial/estate management. Terminology varies by state (some states use 'guardian of the estate').

Filing Deadline

No fixed deadline, but file promptly when a person's finances are at risk. Emergency conservatorship available for urgent financial exploitation situations.

Required Attachments

📎 Petition for conservatorship (court-specific form)
📎 Physician's evaluation or certificate of incapacity regarding financial decision-making
📎 Inventory of the proposed conservatee's assets, income, and debts
📎 Proposed conservatee's financial records
📎 Filing fee (varies by jurisdiction, typically $200-$500)
📎 Notice to all interested parties
📎 Background check/credit check of proposed conservator

Processing Time

Standard: 45-90 days. Emergency conservatorship: 24-72 hours for temporary orders, with a full hearing within 30 days.

What Happens Next

The court schedules a hearing and may appoint an attorney for the proposed conservatee. A court investigator may review the petition. If granted, Letters of Conservatorship are issued and the conservator must post a bond and file annual accountings.

Tips for This Form

✓ Consider less restrictive alternatives: power of attorney, representative payee, joint bank accounts, or trusts
✓ The conservator is typically required to post a surety bond equal to the conservatee's liquid assets
✓ Annual financial accountings are mandatory and must be detailed
✓ Court approval is required for major financial transactions (selling property, changing investments)

More Advance Planning Forms

Advance Directive / Living Will

State-specific · State Law (forms from AARP, state bar associations, hospitals)

Legal document specifying medical treatment preferences when the individual is unable to make decisions. Requirements for witnesses and notarization vary by state. Free state-specific forms available from AARP and state agencies.

Living Will (State-Specific)

Varies by state · State Legislatures / State Bar Associations

Written declaration of preferences regarding life-sustaining treatment, artificial nutrition and hydration, and comfort care when terminally ill or permanently unconscious. Legally distinct from healthcare proxy in many states.

Healthcare Power of Attorney / Healthcare Proxy

State-specific · State Law

Designates a trusted person (agent/proxy) to make healthcare decisions when the individual cannot. May be part of a combined advance directive or a separate document depending on state law.

POLST (Physician Orders for Life-Sustaining Treatment)

POLST · State Health Departments (46 states as of 2026)

Medical order (not just a directive) specifying life-sustaining treatment preferences. Actionable by EMS. For patients with serious life-limiting illness or advanced frailty. Works alongside advance directives.

MOLST (Medical Orders for Life-Sustaining Treatment)

MOLST · State Health Departments (e.g., New York)

New York's version of POLST. The only authorized form in NY for documenting non-hospital DNR and DNI orders. Must be completed by a physician in consultation with the patient or surrogate.

MOST / POST / COLST (State Variants)

MOST / POST / COLST · Various State Health Departments

State-specific variants of POLST: Medical Orders for Scope of Treatment (MOST), Physician Orders for Scope of Treatment (POST), Clinician Orders for Life-Sustaining Treatment (COLST). Functionally equivalent to POLST.

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Disclaimer: BeneFill™ provides form-filling assistance and informational guidance only. It is not affiliated with, endorsed by, or sponsored by the State Courts (Probate/Family Court) or any government agency. The information provided is for general informational purposes and does not constitute legal, medical, financial, or tax advice. Always verify form requirements and submission details directly with the issuing agency.