Connecticut Phone: 203-661-5222 | New York Phone: 914-397-2400 | Florida Phone: 239-302-2768

Your Leading Estate Planning, Taxation, Real Estate and Trust & Estate Litigation Firm.

ABA American Bar Association NYSBA WCBA Worcester County Bar Association Connecticut Bar Association CTLA ASPPA

Conservatorships are becoming public records

The legal process of appointing a guardian or conservator is there to protect people who are less able to manage their own basic, financial or legal needs. A duly-appointed guardian has a high degree of power over a person's life.

Probate proceedings are generally secret between the appointee, subject and court. This can lead some families to feel left out of a key process that hands assets and life habits to a professional guardian or other person who may not be part of the family.

Connecticut already makes several public records, including probate districts, available online to the general public. Meanwhile, Indiana and New Mexico are joining other states and municipalities in making guardianships and conservatorships available in a voluntary online directory.

These directories are designed to increase the government's ability to oversee and regulate a process that could be used to take advantage of a family member or friend with dementia or other obstacle to managing his or her own finances. Financial accountability is also a feature in legal updates to guardianships.

"These protected persons are vulnerable to physical and financial exploitation, so it is particularly important to protect these protected persons and their assets from harm," said a court magistrate who often presides over conservatorship applications.

People who are seeking guardians or conservators, as well as their families, deserve to know their rights and responsibilities while entering into a legal arrangement through probate. A lawyer can help all involved understand the process, file the appropriate documents and make sure all parties to a probate court proceeding knows what is required.

Source: CT Post, "Indiana guardianship registry prevents exploitation," Feb. 12, 2018

No Comments

Leave a comment
Comment Information

Greenwich Office
25 Field Point RD
Greenwich, CT 06830

Phone: 203-661-5222 CT
Fax: 203-661-1197
Greenwich Office Location

White Plains Office
1 North Lexington Avenue
Suite 701
White Plains, NY 10601

Phone: 914-397-2400 NY
Fax: 914-437-6354
Map & Directions

Bridgehampton Office
2317 Montauk Highway
Bridgehampton, NY 11932

Phone: 203-661-5222 CT
Fax: 203-661-1197
Map & Directions

Naples Office
500 Fifth Avenue South
Suite 526
Naples, FL 34102

Phone: 239-302-2768
Fax: 239-325-1813
Map & Directions