What is a conservatorship?

A conservatorship is a type of guardianship law in Arkansas. It is a legal arrangement where one person, called the “conservator,” is responsible for the care and protection of someone who is unable to manage his or her own affairs due to physical or mental disability.The conservator has certain legal duties and responsibilities, including but not limited to: providing the necessary care and protection for the incapacitated person, managing the incapacitated person’s financial affairs and property, making decisions about the incapacitated person’s health and safety, and filing annual reports on the condition of the incapacitated person. The conservator is generally a family member, such as a spouse, parent, or adult child, but can be any other responsible adult. The conservator is duty-bound to act in the best interest of the incapacitated person at all times, however, a court of law may decide to limit the conservator’s powers in certain cases. There are certain restrictions placed on the conservator, such as not mingling the finances of the incapacitated person with their own, or not making any gifts out of the incapacitated person’s assets. In addition, the conservator must also maintain a record of all expenses and income, and file annual reports with the court. If the conservator does not fulfill their duties, they may be removed from their position by the court or the incapacitated person may sue them for negligence. It is important for guardians and conservators in Arkansas to understand their responsibilities and to abide by the law.

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