How a Conservator Must Preserve the Protected Person's Estate Plan

Respecting the Plan Already in Place

A conservatorship does not erase what the protected person set up before they needed help. If someone created a will, established a revocable living trust, or arranged payable-on-death accounts, the conservator is required to account for those plans when making financial decisions. The goal is to preserve the protected person's wishes, not override them.

This means a conservator should not liquidate an asset that was specifically designated for a particular beneficiary unless it is genuinely necessary for the protected person's care. If a revocable trust names certain people as beneficiaries, the conservator must weigh that intent before dipping into trust assets.

Why This Matters for Families

Without this safeguard, a conservator could unintentionally dismantle a carefully constructed estate plan. Imagine someone who spent years setting up a trust to protect their children's inheritance. If the conservator, focused only on day-to-day expenses, depleted trust assets without considering the bigger picture, the children could lose their inheritance entirely.

The statute specifically mentions wills, revocable trusts, and any contract, transfer, or joint ownership arrangement with death-benefit provisions. It also grants the conservator the right to examine the protected person's will, ensuring the conservator has the information needed to make informed decisions.

For families, this statute reinforces a key point: having a comprehensive estate plan in place before a crisis matters. When a conservator steps in, having clear documentation of the protected person's intentions gives everyone a road map to follow.