All court proceedings and documents are a matter of public record, which can be an unwelcome intrusion for someone who values independence and privacy.

Conservators are subject to court supervision, which provides a powerful safeguard for an incapacitated adult's property. To prevent conservators from mismanaging the property or otherwise taking advantage of the people they are helping, most courts require conservators to provide periodic reports detailing their actions. Many courts also require the conservator to seek permission before making major decisions, such as selling real estate (for a financial conservator) or terminating life-support (for a conservator in charge of health care decisions).

In addition, a financial conservator must often post a bond (a kind of insurance policy that protects the conservatee's estate from mishandling). The bond premiums are paid from the conservatee's assets -- and are an unnecessary expense if the conservator is competent and trustworthy.

Occasionally, however, a conservator will mismanage a conservatee's assets or make poor choices about the conservatee's health care. Although each state has rules and procedures designed to prevent such abuses, few have the resources to keep an eye on conservators and follow through if they spot trouble. Many cases of incompetence or mistreatment go unnoticed.