What is a fiduciary?

A fiduciary is a person who has been legally granted rights and powers to be exercised for the benefit of another person. For example, a personal representative of an estate is a fiduciary; a conservator of a person with a disability is a fiduciary; a guardian of a minor child is a fiduciary; and a trustee of a trust is a fiduciary.

What is a conservator?

A conservator is a person or entity appointed by the Court to provide partial or full supervision, protection and assistance to a respondent. The person may be appointed as conservator over the respondent to manage medical affairs and activities of daily living; conservator of the property to manage the financial affairs of the respondent; or a conservator over the person and property.

Who is the respondent?

The person with a disability is often referred to as the respondent in conservatorships.

What is a person with a disability?

A “person with a disability” means any person eighteen (18) years of age or older determined by the court to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, developmental disability, or other mental or physical incapacity.