Conservator of the estate

A financial manager appointed by a court or tribunal to manage property the person can no longer manage.

65 jurisdictions · 23 countries · role id conservator-estate

Africa

Mauritius

Tuteur (ouverture de tutelle) — Guardian of property (opening of guardianship)

Protection of an adult runs through the Code Civil, but the Mental Health Care Act supplies a distinctly Mauritian trigger: where a review finds a patient likely to stay over six months with significant assets to protect, the Ministère Public applies to the Judge in Chambers for an ouverture de tutelle.

Assigned: An adult whose altered faculties leave them unable to look after their own interests is protected by law, the alteration being medically established Incapacitated
Starts: Judge in Chambers orders the ouverture de tutelle and appoints a tuteur; under the Mental Health Care Act this follows a report that the patient will stay over six months and has significant assets Incapacitated
Ends: Death of the protected person; the estate passes to the heirs by saisine Deceased

Something missing or wrong for Mauritius?

Code Civil Mauricien, art 488; Code Civil Mauricien, art 492; Mental Health Care Act (Act 24 of 1998), s 27; Code Civil Mauricien, art 724

South Africa

Curator (letters of curatorship)

South Africa’s statutory substitute decision maker for property. Nobody may administer another’s property as curator without letters of curatorship from the Master, and the letters themselves fix the authority — a single act, care of the property, full administration, or carrying on a business.

Assigned: Curator nominated by will or written instrument, or the Master appoints one where there is no nomination, where an absentee owns property, or where a court could appoint Incapacitated
Starts: On letters of curatorship being granted by the Master; without them no one may take care of or administer the property Incapacitated
Ends: Removal from office, the removal provisions for executors applying to curators Incapacitated
: Death of the person, when the estate passes to the executor Deceased

Something missing or wrong for South Africa?

Administration of Estates Act 66 of 1965, s 72; Administration of Estates Act 66 of 1965, s 73; Administration of Estates Act 66 of 1965, s 71; Administration of Estates Act 66 of 1965, s 76; Administration of Estates Act 66 of 1965, s 85; Administration of Estates Act 66 of 1965, s 54; Administration of Estates Act 66 of 1965, s 14

South Africa

Administrator of property (Mental Health Care Act)

The modern route for property, running alongside curatorship under the Administration of Estates Act. A Master of a High Court appoints an administrator to care for and administer the property of a mentally ill person or a person with severe or profound intellectual disability.

Assigned: Any person over 18 applies in writing, under oath or solemn affirmation, to a Master of a High Court, or a High Court orders an appointment after an appeal or enquiry Incapacitated
Starts: The Master appoints an administrator to care for and administer the property Incapacitated
Ends: Term of office terminated on application by the person concerned, the administrator, or whoever applied for the appointment Incapacitated
: Death of the person, when the estate passes to the executor Deceased

Something missing or wrong for South Africa?

Mental Health Care Act 17 of 2002, s 60; Mental Health Care Act 17 of 2002, s 59; Mental Health Care Act 17 of 2002, s 64; Administration of Estates Act 66 of 1965, s 14

Asia

China

Custodian of a missing person’s property (财产代管人) — Custodian of a missing person’s property

Two years after a person drops out of contact, an interested party may apply to have them declared missing; their property is then held by spouse, adult children, parents or another willing person, or by someone the court designates where that is disputed or nobody is able. The custodian pays the missing person’s taxes and debts out of the property and answers for loss caused intentionally or by gross negligence.

Assigned: An interested party applies to the People’s Court to declare the person missing, two years after they were last heard of Incapacitated
Starts: The property is held by spouse, adult children, parents or another willing person; where that is disputed, nobody qualifies, or they are unable, by a person the court designates Incapacitated
Ends: An interested party, or the custodian with good reason, applies to the court to change the custodian, who must hand over the property and report Incapacitated
: The missing person reappears, the court revokes the declaration, and the property is handed back on demand Capable
: The person is declared dead, and succession opens Deceased

Something missing or wrong for China?

中华人民共和国民法典第四十条; 中华人民共和国民法典第四十二条; 中华人民共和国民法典第四十三条; 中华人民共和国民法典第四十四条; 中华人民共和国民法典第四十五条; 中华人民共和国民法典第四十六条; 中华人民共和国民法典第四十八条

Japan

Curator (保佐人) — Curator

The middle tier, for a person whose capacity to appreciate their situation is markedly insufficient. It is expressly unavailable where the heavier ground for guardianship applies, so the tiers do not overlap.

Assigned: Family Court adjudicates the commencement of curatorship where capacity is markedly insufficient, except where the ground for guardianship applies Incapacitated
Starts: On the adjudication of commencement of curatorship Incapacitated
Ends: Death of the person, which commences the inheritance Deceased

Something missing or wrong for Japan?

民法（明治二十九年法律第八十九号）第11条; 民法（明治二十九年法律第八十九号）第882条

Singapore

Deputy for property and affairs

Where P lacks capacity the court may either make the decision itself or appoint a deputy to make it. A deputy over property and affairs must be 21 or over and act without remuneration, unless they are a professional deputy unrelated to P.

Assigned: Court finds P lacks capacity in relation to property and affairs and appoints a deputy rather than deciding the matter itself Incapacitated
Starts: On appointment, within the powers the order confers Incapacitated
Ends: Death of P; the estate passes to the personal representative Deceased

Something missing or wrong for Singapore?

Mental Capacity Act 2008, s 20; Mental Capacity Act 2008, s 24; Probate and Administration Act 1934, s 8

South Korea

Limited guardian

A lighter court regime: the ward keeps capacity except for acts the court lists as needing the limited guardian’s consent. Representation is not automatic — the court must confer it separately.

Assigned: Family Court adjudicates commencement of limited guardianship Incapacitated
Starts: Court determines the scope of acts requiring the limited guardian’s consent; the court may separately confer a right of representation Incapacitated
Ends: Guardianship contract supervisor appointed, or adult guardianship adjudged, displacing the limited guardianship Incapacitated
: Death of the ward Deceased

Something missing or wrong for South Korea?

Civil Act (Republic of Korea), Article 12; Civil Act (Republic of Korea), Article 13; Civil Act (Republic of Korea), Article 959-4; Civil Act (Republic of Korea), Article 959-20; Civil Act (Republic of Korea), Article 997

Europe

Denmark

Værge — Guardian

Guardianship may be established for an adult who, through mental illness including severe dementia, impaired development or other seriously weakened health, cannot manage their own affairs, and only where there is a need.

Assigned: Værgemål established for an adult unable to manage their affairs Incapacitated
Starts: On the order Incapacitated
Ends: Death of the person Deceased

Something missing or wrong for Denmark?

Værgemålsloven, LBK nr. 1122 af 28. maj 2021 (bekendtgørelse af værgemålsloven, oprindeligt lov nr. 388 af 14. juni 1995) § 5; Arveloven, LBK nr. 1347 af 15. juni 2021 (bekendtgørelse af arveloven, oprindeligt lov nr. 515 af 6. juni 2007) § 1

Finland

Edunvalvoja — Guardian

A court may appoint a guardian for an adult who cannot look after their interests and whose affairs are not being handled adequately in any other way.

Assigned: Court appoints where the adult cannot safeguard their interests Incapacitated
Starts: On appointment Incapacitated
Ends: Death of the person Deceased

Something missing or wrong for Finland?

Laki holhoustoimesta 442/1999 8 §; Perintökaari 40/1965 18 luku 1 §

France

Curateur — Curator (assistance measure)

Assistance rather than representation, for someone not incapable of acting but needing continuous help with important civil acts. Expressly subsidiary: curatelle is pronounced only if sauvegarde de justice would not suffice.

Assigned: Application to the juge des tutelles for a person whose faculties are medically established as impaired Incapacitated
Starts: Court places the person under curatelle, having found that sauvegarde de justice cannot give sufficient protection Incapacitated
Ends: Measure lifted or replaced by tutelle Incapacitated
: Death; the heirs are seised of right Deceased

Something missing or wrong for France?

Code civil, art. 425; Code civil, art. 440; Code civil, art. 724

France

Tuteur — Tutor (representation measure)

Continuous representation in civil acts, and the last rung of the ladder: tutelle is pronounced only where neither sauvegarde de justice nor curatelle would give sufficient protection.

Assigned: Application to the juge des tutelles where the person must be represented continuously in civil acts Incapacitated
Starts: Court places the person under tutelle, having found neither sauvegarde de justice nor curatelle sufficient Incapacitated
Ends: Measure lifted or lightened to curatelle Incapacitated
: Death; the heirs are seised of right Deceased

Something missing or wrong for France?

Code civil, art. 440; Code civil, art. 425; Code civil, art. 724

Germany — federal law

Rechtlicher Betreuer (Vermögenssorge) — Legal custodian (care of assets)

The same court appointment where the assigned remit covers property and financial affairs.

Assigned: Betreuungsgericht assigns a remit covering property affairs Incapacitated
Starts: On appointment Incapacitated
Ends: Death of the person Deceased

Something missing or wrong for Germany — federal law?

BGB § 1814; BGB § 1922

Ireland

Decision-making representative (property and affairs)

The same court-appointed office as for personal welfare, where the order covers property and affairs instead of or as well as welfare.

Assigned: Court declares the person lacks capacity and no suitable or registered co-decision-maker exists Incapacitated
Starts: Court order appointing a decision-making representative for specified property and affairs decisions Incapacitated
Ends: Court varies or discharges the order Incapacitated
: Death of the relevant person; the estate vests in the personal representatives Deceased

Something missing or wrong for Ireland?

Assisted Decision-Making (Capacity) Act 2015, s 38; Succession Act 1965, s 10

Italy

Curator of a person declared incapable (curatore dell’inabilitato) — Curator of a person declared incapable

The middle measure, for an adult of unsound mind whose state is not grave enough for interdiction. The rules on curatorship of emancipated minors apply, so the person acts but needs the curator’s assistance for acts beyond ordinary administration.

Assigned: An adult of unsound mind whose condition is not grave enough for interdiction may be declared incapable Incapacitated
Starts: The provisions on curatorship of emancipated minors apply to the curatorship of the person declared incapable Incapacitated
Ends: The measure is revoked, or replaced by support administration where its conditions are met Capable

Something missing or wrong for Italy?

Codice civile art. 415; Codice civile art. 424; Codice civile art. 411; Codice civile art. 413

Netherlands

Curator — Curator (full protective measure)

The heaviest of the three court measures, reaching both person and property, and expressly subsidiary: the kantonrechter may not impose it where a more appropriate and less far-reaching measure would do.

Assigned: Interested party applies to the kantonrechter for ondercuratelestelling Incapacitated
Starts: Kantonrechter places the adult under curatele, on finding they cannot properly look after their interests or endanger their own or others' safety, and that no more appropriate, less far-reaching measure suffices Incapacitated
Ends: Curatele lifted by the kantonrechter Capable
: Death; the heirs succeed of right Deceased

Something missing or wrong for Netherlands?

Burgerlijk Wetboek Boek 1, art. 1:378; Burgerlijk Wetboek Boek 4, art. 4:182

Netherlands

Bewindvoerder — Property administrator

Property only, and it can be placed over particular goods rather than the whole estate, for a fixed or open-ended period. The person keeps every non-property decision.

Assigned: Application to the kantonrechter for bewind over one or more of the adult's goods Incapacitated
Starts: Kantonrechter institutes bewind over specified goods, for a fixed or indefinite term, where the adult cannot fully look after their property interests Incapacitated
Ends: Bewind terminated by the kantonrechter or on expiry of its term Capable
: Death; the estate passes to the heirs of right Deceased

Something missing or wrong for Netherlands?

Burgerlijk Wetboek Boek 1, art. 1:431; Burgerlijk Wetboek Boek 4, art. 4:182

Spain — state law

Curador — Curator

A court establishes curatela only where no other support measure suffices, and specifies the acts for which assistance is required. Representative curatela is exceptional.

Assigned: Judicial authority constitutes curatela by reasoned decision Incapacitated
Starts: On the judicial resolution Incapacitated
Ends: Death of the person Deceased

Something missing or wrong for Spain — state law?

Código Civil art. 269; Código Civil art. 657

Sweden

Förvaltare — Administrator

The stronger measure, available only where the person is unable to care for themselves or their property and godmanskap is not enough.

Assigned: Court orders förvaltarskap Incapacitated
Starts: On the court's decision Incapacitated
Ends: Death of the person Deceased

Something missing or wrong for Sweden?

Föräldrabalk (1949:381) 11 kap. 7 §; Ärvdabalk (1958:637) 18 kap. 1 §

UK — England & Wales

Property and financial affairs deputy

The Court of Protection appoints a deputy, by order, to make property and financial decisions for a person (P) who lacks capacity for those matters. The appointment lasts until the court discharges it, P regains capacity, or P dies.

Assigned: Court of Protection order under MCA s 16 Incapacitated
Starts: When the court order is issued (for property deputies, after any required security bond is in place) Incapacitated
Ends: P dies: the deputyship ends (deputy tells OPG and the court; the final report may be required) Deceased
: P regains capacity: the deputy loses power over matters P can decide, and the order is discharged on application (form COP9) Capable
: Court revokes the appointment or varies/discharges the order (e.g. deputy acting outside authority or not in P's best interests), or order expires Incapacitated
: Deputy steps down (court order needed) or dies (sole/joint deputyship ends) Incapacitated

Something missing or wrong for UK — England & Wales?

Mental Capacity Act 2005 s 16; Mental Capacity Act 2005 s 19; GOV.UK, Deputies: make decisions for someone who lacks capacity; OPG, Public Guardian practice note: notification of death (SD16); OPG, How to be a deputy: property and financial decisions (SD3); OPG, How to be a deputy: health and welfare decisions (SD4); Mental Capacity Act 2005 s 20; GOV.UK, Deputies: make decisions for someone who lacks capacity: End your deputyship

UK — Northern Ireland

Controller appointed by the High Court (Office of Care and Protection)

When the High Court is satisfied on medical evidence that a person is incapable, by reason of mental disorder, of managing their property and affairs, it may appoint a controller to act as it orders or authorises. Proceedings run through the Office of Care and Protection. A controller is discharged automatically on the patient's death.

Assigned: High Court order appointing controller (interim powers possible pending determination) Incapacitated
Starts: On the order, within the powers the court confers Incapacitated
Ends: Death of the patient: discharged without any order Deceased
: Court satisfied the patient has become capable: discharged by order Capable
: Court discharges at any time if expedient Incapacitated

Something missing or wrong for UK — Northern Ireland?

Mental Health (Northern Ireland) Order 1986 art 97; Mental Health (Northern Ireland) Order 1986 art 101; Department of Justice NI, 'Information about the Office of Care and Protection'

UK — Scotland

Guardian with powers over property and financial affairs

A guardian appointed by the sheriff to manage the adult's property or financial affairs, or specified parts of them. Supervised by the Public Guardian (Scotland).

Assigned: Sheriff grants a guardianship order on application (adult incapable and likely to remain so; no other AWI measure sufficient) Incapacitated
Starts: On the order. The Public Guardian registers the appointment and issues a certificate of appointment (after caution/security is found, if required). Incapacitated
Ends: Order expires at the end of its period (3 years by default, or another period including indefinite) unless renewed. It continues while a renewal application is pending. Incapacitated
: Sheriff recalls the order, or replaces/removes the guardian Incapacitated
: Public Guardian (financial powers) or local authority/Mental Welfare Commission (welfare powers) recalls the powers Incapacitated
: Guardian resigns Incapacitated
: Death of the adult: the guardianship order ceases to have effect Deceased

Something missing or wrong for UK — Scotland?

Adults with Incapacity (Scotland) Act 2000 s 58(1), (4); Adults with Incapacity (Scotland) Act 2000 s 58(7); Adults with Incapacity (Scotland) Act 2000 s 60; Adults with Incapacity (Scotland) Act 2000 s 71; Adults with Incapacity (Scotland) Act 2000 s 73; Adults with Incapacity (Scotland) Act 2000 s 75; Adults with Incapacity (Scotland) Act 2000 s 77

North America

Canada — British Columbia

Committee of the estate (Patients Property Act)

A court-appointed committee for an adult declared incapable of managing their affairs. The committee has all the adult's rights and powers over the estate, except making a will. It must account to the Public Guardian and Trustee. After the patient's death, and until a representation grant is issued and served on it, the committee keeps its powers and also has a personal representative's powers.

Assigned: Court declares adult incapable of managing affairs and appoints committee (or PGT by default) Incapacitated
Starts: On the court order; any power of attorney terminates Incapacitated
Ends: Court declares the person no longer incapable, then discharges the committee after accounts are passed Capable
: After death: when a representation grant has issued and written notice of it has been served on the committee (committee then accounts to the executor or administrator and may be discharged) Estate administration

Something missing or wrong for Canada — British Columbia?

Patients Property Act, RSBC 1996, c 349, ss 2-3; Patients Property Act, RSBC 1996, c 349, ss 6, 9; Patients Property Act, RSBC 1996, c 349, ss 15-17; Patients Property Act, RSBC 1996, c 349, ss 19-19.1; Patients Property Act, RSBC 1996, c 349, ss 4, 11-13; Patients Property Act, RSBC 1996, c 349, s 24

Canada — British Columbia

Statutory property guardian (Public Guardian and Trustee by certificate of incapability)

An administrative route without a court. A qualified health care provider assesses the adult and reports to a health authority designate, who may issue a certificate of incapability after consulting the Public Guardian and Trustee (PGT) and notifying the adult and family. The PGT then becomes statutory property guardian. That suspends powers of attorney, which terminate if the PGT decides to manage the property.

Assigned: Health authority designate issues a certificate of incapability Incapacitated
Starts: As of the date the certificate is signed Incapacitated
Ends: PGT satisfied the adult no longer needs a guardian and gives notice Capable
: Reassessment finds capability, accepted by health authority designate Capable
: Court ends it on review, or appoints a Patients Property Act committee Incapacitated
: Adult dies: committee powers continue until a representation grant is served Estate administration

Something missing or wrong for Canada — British Columbia?

Adult Guardianship Act, RSBC 1996, c 6, s 32; Patients Property Act, RSBC 1996, c 349, ss 19-19.1; Adult Guardianship Act, RSBC 1996, c 6, s 37(3)-(4); Adult Guardianship Act, RSBC 1996, c 6, ss 33-35; Patients Property Act, RSBC 1996, c 349, s 1; Patients Property Act, RSBC 1996, c 349, s 24

Canada — Ontario

Statutory guardian of property (Public Guardian and Trustee)

The PGT becomes statutory guardian of property without a court order in two cases: when a Mental Health Act certificate finds a psychiatric-facility patient incapable of managing property, or when a capacity assessor issues a certificate of incapacity after a s 16 request (the requester must have found no attorney with authority over all property and no family member planning to apply to court). A qualifying family member may later replace the PGT (s 17).

Assigned: MHA certificate of incapacity to manage property (s 15) or assessor's certificate of incapacity (s 16) Incapacitated
Starts: s 15: when the MHA certificate is issued. s 16: as soon as the PGT receives its copy of the assessor's certificate. Incapacitated
Ends: The person dies Deceased
: Court appoints a guardian of property under s 22 Incapacitated
: Attorney under a pre-existing CPOA over all property gives the PGT the POA, an undertaking and proof of identity Incapacitated
: Capacity restored: MHA certificate cancelled or patient discharged (s 15 cases), an assessor's notice of capacity, or a final Consent and Capacity Board or court finding of capacity Capable
: Guardian resigns with notice Incapacitated

Something missing or wrong for Canada — Ontario?

Substitute Decisions Act, 1992, SO 1992, c 30, s 15; Substitute Decisions Act, 1992, SO 1992, c 30, s 16; Substitute Decisions Act, 1992, SO 1992, c 30, s 20(1); Substitute Decisions Act, 1992, SO 1992, c 30, s 22; Substitute Decisions Act, 1992, SO 1992, c 30, s 16.1

Canada — Ontario

Court-appointed guardian of property

On any person's application, the Superior Court may appoint a guardian of property for someone incapable of managing property who needs decisions made. It will not do so if a less restrictive alternative that needs no incapacity finding would meet the need. Paid care or service providers are ineligible unless they are a spouse, partner, relative or attorney. The PGT is appointed only with its consent and as a last resort.

Assigned: Court order under s 22 (Part III procedure) Incapacitated
Starts: On the court's appointment Incapacitated
Ends: Court terminates the guardianship on motion (e.g. capacity regained) Capable
: The incapable person dies. The estate passes to the personal representative, and the guardian must pass accounts on request. Deceased

Something missing or wrong for Canada — Ontario?

Substitute Decisions Act, 1992, SO 1992, c 30, s 22; Substitute Decisions Act, 1992, SO 1992, c 30, s 24; Substitute Decisions Act, 1992, SO 1992, c 30, ss 28-29; Estates Administration Act, RSO 1990, c E.22, s 2(1); Rules of Civil Procedure, RRO 1990, Reg 194, rr 74.16-74.18

Canada — Québec

Temporary representative of an incapable person of full age

Created by S.Q. 2020, c. 11 (in force 1 November 2022) to avoid a full tutorship. The court, after medical and psychosocial assessments, authorizes a person to perform one specific act for an incapable adult, such as selling a property. The authority ends when that act is done, or on the institution of tutorship or homologation of a protection mandate.

Assigned: Court authorization on application by the spouse, relatives, an interested person, mandatary, Public Curator, or the person Incapacitated
Starts: On the judgment, on terms fixed by the court Incapacitated
Ends: Specific act performed; representative notifies the person and the Public Curator Incapacitated
: Tutorship instituted or protection mandate homologated Incapacitated

Something missing or wrong for Canada — Québec?

Civil Code of Québec, arts 297.1-297.4; Code of Civil Procedure, CQLR c C-25.01, art 303; Civil Code of Québec, art 297.9

Canada — Québec

Tutor to property of a person of full age

The court may appoint a tutor to property to administer an incapable adult's patrimony, separately from or together with a tutor to the person. Tutorship also completes a protection mandate that does not fully cover administration. It ends on a judgment of release or the adult's death, after which the liquidator takes seisin.

Assigned: Court institutes tutorship to property Incapacitated
Starts: On the judgment Incapacitated
Ends: Judgment of release or unopposed cessation report Capable
: Death of the person; liquidator exercises seisin from the opening of the succession Deceased

Something missing or wrong for Canada — Québec?

Civil Code of Québec, art 268; Civil Code of Québec, art 295; Civil Code of Québec, arts 777-778