For example, a patient with Alzheimer's disease may become subject to fraud from unscrupulous persons. While he or she could have given a valid power of attorney while he or she was well, he or she may be befriended, may marry, and convey his or her property to a new spouse. In that situation, the probate code provides that a conservatorship may be established, and the conservator may ask the court to set aside any contract entered into by the ill conservatee. The advantage of the conservatorship is that it can safeguard against fraud against the ill person. The conservatorship proceeding begins with a petition filed with the court, followed by an investigation by a court investigator and a court hearing.
Many factors can affect a conservatorship.
For example, if the conservatee objects to the conservator's appointment, he or she may object and the court will assign counsel for the conservatee for that purpose. A conservator of the estate is required to provide accountings that give details of the conservatee' assets, and how the conservatee's money was spend. Additionally, the court will require that the conservator of the estate to post a bond. The conservator is paid by the conservatee's estate and the court supervises the reasonableness of the payments to the conservator. If there are several person who have filed petitions to become the conservator for the conservatee, the court will decide who shall become the conservator.