Portland Conservatorship Lawyer

Skilled Conservatorship Attorney in Portland, ME

If a loved one is suffering from a disability or long-term illness that leaves them unable to make decisions about their own finances, you have legal options for protecting their property and quality of life. If your loved one doesn’t already have a power of attorney or other estate planning documents established, a conservatorship may be the answer. A Portland conservatorship lawyer from the Law Offices of Thaddeus V. Day, PLLC, can help you make the right call.

Maine Conservatorship Laws

A conservatorship is a legal process wherein one party (the “conservator”) is given the right to manage the finances and property of someone who is deemed unable to make or communicate major decisions for themselves, usually due to incapacity from a disability or illness. A Portland estate planning lawyer can help you establish a conservatorship.

Approximately 230,700 individuals with disabilities lived in Maine as of 2024. Maine’s overall population that year was 1,405,012, meaning that disabled people made up over 16% of Maine’s residents.

It’s possible to establish conservatorship over a minor if the minor has significant financial assets or if conservatorship is necessary to provide for the minor. As of 2024, Maine was home to around 247,082 children under the age of 18.

Understanding the Difference Between Full and Limited Conservatorships

Full conservatorship can take away a lot of autonomy from the protected person; in cases where this would not be appropriate, a limited conservatorship may be a better fit. A limited conservatorship transfers some, but not all, financial decision-making powers to the conservator.  For example, a conservator might be authorized to manage the protected party’s investments, but not their personal funds. When possible, Maine courts typically favor the less restrictive option.

Regardless of the type of conservatorship, the conservator cannot use the protected party’s money for their own benefit, nor can they draft a will on the protected party’s behalf.

Conservatorships Versus Guardianships in Maine

Conservatorships and guardianships are closely related, but they are not the same. Guardianship gives the guardian the power to make important decisions for their ward (the person subject to guardianship) in many areas of life. For example, a guardian may make decisions about their ward’s medical treatment. A conservator’s power, meanwhile, is limited to financial and property management.

A guardian may also have some control over their ward’s finances if no conservator is appointed, but Maine probate courts often do appoint a separate conservator in cases where the incapacitated person has significant assets. The two appointed parties in Portland may need to work together to make the right decisions on behalf of the incapacitated or underage party.

Hire a Conservatorship Lawyer in Portland, Maine

If you’re unfamiliar with Portland conservatorship laws, you don’t have to stress. A Portland estate planning lawyer like Thaddeus V. Day can help you navigate a conservatorship matter and work through any challenges or speed bumps throughout the process.

Attorney Day has been practicing in Cumberland County and throughout Maine since 1997. He has served as a conservator, personal representative, and advocate for estates, and he leads a team of skilled staff members who are ready to support you through complex conservatorship cases.

Contact our office to schedule a consultation with a Portland conservatorship attorney today. We’re conveniently located in North Yarmouth, just north of Portland.