A Conservatorship is when a substitute type of
decision-maker manages your money.
If you only have Social Security from retirement, disability, or
Supplemental Security Income and/or receive Medical Assistance
you do not need a conservator.
The person appointed by the court to be
the conservator makes the decisions.
This could be a family member, friend, volunteer,
or a professional paid conservator.
Conservators are appointed by a judge in a court hearing.
The judge may give one, a few, or
all available powers allowed by law,
such as decisions about paying your bills, investing your money,
collecting money owed to you, or managing your real estate.
The downside of Conservatorship is that the conservator decides
how to manage your money and whether you can have
personal spending money, or how much you can have.
But, if you have a job, the conservator does not control your
employment wages unless the judge specifically grants that authority.
And conservators can’t make decisions for anything that
falls outside the powers granted by the judge.
You still have rights, even if you have a conservator.
Minnesota law called
‘Bill of Rights for Persons Subject to Guardianship and Conservatorship' -
you must be given a copy of these rights every year
and reminded that you can ask a judge to
change or end the conservatorship at any time.
You have a right to participate in decision making
and to share your wants and beliefs.
Decisions by the conservator cannot violate
your preferences and beliefs, if you make them known.
You have the right to employment and employment services,
to keep your wages, and to vote –
unless otherwise restricted by the judge.
You have the right to privacy and to spend time
with people you choose, including visitors, social activities,
using the phone, email and mail, and participating in social media.
You have the right to discuss any concerns with your
conservator and explain what you want and why.
It helps to talk about concerns and brainstorm ways to reduce
risks your conservator may be worried about,
to find solutions that set appropriate boundaries.
You have the right to be treated with dignity and respect;
to control all aspects of your life that
are not delegated to your conservator;
and to receive services suited to your needs.
A judge can limit the length of the
conservatorship when it is appointed.
Again, you can file a petition to change
or end your conservatorship at any time.
If you want the conservator to keep making
some of your financial decisions,
but get back some of your decision-making rights,
you can request that of the judge as well.
For more information, visit DisabilityHubMN.org