A conservator would be appointed by the state to manage your mother’s legal and financial matters. In effect, the conservator would step into your mother’s shoes. They would have to report to the local probate court on all income they collected and expenses they paid.
In terms of Social Security, they would apply to the Social Security Administration to become a representative payee for your mother. This also requires an annual report to the Social Security Administration.
All of this is somewhat cumbersome on an administrative level and can be expensive in terms of legal fees to establish the conservatorship and to have the annual accounts approved. Much of the cost and burden can be avoided with estate planning that includes a revocable (living) trust and durable power of attorney.
Harry S. Margolis practices elder law, estate, and special needs planning in Boston and Wellesley, Massachusetts. He is the founder of ElderLawAnswers.com and answers consumer questions about estate planning issues here and at AskHarry.info.
