Professional Trustee and Conservator Services in Florida and Georgia
When family cannot step in, a professional trustee or conservator protects your loved one with the oversight the court requires.
Phone: (888) 253-6148 — Peachtree Fiduciary & Guardianship Services
Elizabeth Williams Winfield, Esq. — Court-Appointed Trustee and Conservator
Elizabeth Williams Winfield serves as professional trustee and court-appointed conservator for individuals in Florida and Georgia who need professional fiduciary management of their assets, investments, and property. She is a member of the National Guardianship Association and the National Academy of Elder Law Attorneys, and holds bar admission in Georgia and Illinois. Her work as court-appointed County Guardian for Fayette County and County Administrator for Clayton County means she files annual accountings and manages conserved assets under court supervision as a regular professional function — not an occasional one.
As a professional trustee and conservator, Elizabeth is accountable to the court that appointed her and to the beneficiaries of any trust she administers. The court's oversight is not a formality — it is the accountability structure that protects the person whose assets are being managed.
This service covers clients in both Florida — serving St. Lucie County and the Treasure Coast from our Port St. Lucie office — and Georgia — serving Fayette County and surrounding counties from our Fayetteville office.
Trustee vs. Conservator — What Is the Difference?
These are two distinct roles with different legal frameworks, different sources of authority, and different accountability structures. Both involve managing assets on behalf of another person. Understanding which one applies to your situation is where the process begins.
A trustee administers a trust — a legal document created by the person who established the trust (the grantor) that directs how assets held in trust are to be managed and distributed. The trustee's authority comes from the trust document, not the court. A professional trustee steps in when the named trustee — typically a family member — is unable or unwilling to serve, or when the trust requires an independent trustee for a specific purpose. The trustee's obligations are governed by the trust document and by the applicable state trust code.
A conservator is appointed by a court to manage the financial affairs of a living person who can no longer manage their own assets — property, accounts, income, and investments. The conservator's authority comes from the court, not from a document the person created. The conservator files annual accountings with the court and must obtain court approval before making significant financial decisions on the conserved person's behalf.
The two roles are not mutually exclusive. A person may need both — a conservator to manage their personal financial affairs and a trustee to administer a separate trust — or only one, depending on their circumstances.
Florida and Georgia — How Each State Handles These Appointments
Florida — Conservatorship under Chapter 744, Florida Statutes
In Florida, the financial management of an incapacitated person's affairs is handled through a guardianship of the property — the Florida equivalent of a conservatorship. The guardian of the property is appointed by the Circuit Court under Chapter 744, Florida Statutes, and is required to file annual accountings with the court, obtain court approval before making significant financial decisions, and post a bond in most cases. Peachtree Fiduciary serves as professional guardian of the property for Florida clients who need court-supervised financial management.
Georgia — Conservatorship through the Probate Court
In Georgia, a conservator is appointed by the Probate Court of the county where the conserved person resides. Georgia requires the conservator to file an initial inventory, an annual return and affidavit, and an asset management plan with the court. Elizabeth Williams Winfield files these documents regularly in Fayette County Probate Court as a court-appointed fiduciary — she knows what the court expects and how to keep a conservatorship in compliance year after year.
Trustee — Both States
Professional trustee services in both Florida and Georgia are governed by the trust document and the applicable state trust code. Florida's Florida Trust Code and Georgia's Revised Uniform Trust Code both impose fiduciary duty standards on trustees — the duty of loyalty, the duty of prudent administration, the duty to account to beneficiaries, and the duty to act impartially among beneficiaries. A professional trustee is held to a higher standard than a nonprofessional trustee in both states.
You Don't Have to Carry This Alone
If you have already been appointed as conservator or trustee and the obligations have become more than you can reasonably manage — the annual filings, the asset oversight, the court appearances — Peachtree Fiduciary can step in as successor. The transition from a family conservator to a professional conservator is a recognized process in both Florida and Georgia courts. Your attorney handles the court filing, and the ongoing burden transfers to a professional who manages these obligations as a regular part of their practice.
Phone:
(888) 253-6148
— Peachtree Fiduciary & Guardianship Services
When a Professional Trustee or Conservator Makes Sense
Family members are often named as trustees or conservators with the best of intentions — and then discover that the ongoing obligations are more demanding than they anticipated. Annual court filings, asset management decisions, investment oversight, and beneficiary accounting are recurring responsibilities that do not diminish over time.
A professional trustee or conservator is the right choice when:
No family member is available, willing, or suitable to serve
The family member named has declined or can no longer continue serving
The trust or conserved estate is complex enough that professional asset management is in the beneficiary's best interest
Family conflict makes an independent professional trustee the most practical solution
The court requires or recommends a professional for a specific matter
Peachtree Fiduciary can serve as initial trustee or conservator, or as successor when a family member steps down or is removed. Both transitions are handled with the court filings and documentation each state requires.
ommon Questions About Professional Trustee and Conservator Services
What is the difference between a trustee and a conservator?
A trustee administers a trust — a legal document that directs how assets held in the trust are managed and distributed. The trustee's authority comes from the trust document. A conservator is appointed by a court to manage the financial affairs of a living person who can no longer manage their own assets. The conservator's authority comes from the court. Both roles involve managing assets on behalf of another person, but they operate under different legal frameworks and with different accountability structures.
When does someone need a professional trustee instead of a family member?
A professional trustee is appropriate when no family member is available, willing, or suitable to serve; when the trust is complex enough that professional asset management is in the beneficiary's best interest; when family conflict makes an independent trustee the most practical solution; or when the named trustee has died, resigned, or can no longer serve and no successor was named. A professional trustee brings fiduciary accountability and administrative expertise that a nonprofessional trustee may not have.
What is the trustee's fiduciary duty?
A trustee owes fiduciary duties to the trust's beneficiaries — the duty of loyalty, requiring the trustee to act in the beneficiaries' best interests; the duty of prudent administration, requiring investment and management decisions consistent with a reasonable standard of care; the duty to account, requiring regular reporting to beneficiaries on trust assets and transactions; and the duty of impartiality, requiring the trustee to balance the interests of current and remainder beneficiaries. Professional trustees are held to a higher standard than nonprofessional trustees under both Florida and Georgia trust codes.
How does a court-appointed conservator differ from a power of attorney?
A power of attorney is created voluntarily by the person granting authority while they have the capacity to do so. A conservatorship is initiated when a person is already incapacitated and a court determines they can no longer manage their own financial affairs. A power of attorney terminates at death and is a private arrangement — it does not involve court oversight. A conservatorship is court-supervised, requires annual accountings, and continues until the conserved person regains capacity, dies, or the court terminates it. If a valid power of attorney is in place, a conservatorship may not be necessary — but once incapacity occurs and no power of attorney exists, conservatorship is typically the only available path.
Does Peachtree Fiduciary serve as trustee and conservator in both Florida and Georgia?
Yes. Peachtree Fiduciary & Guardianship Services provides professional trustee and conservator services in both states. Our Florida office serves St. Lucie County and the Treasure Coast. Our Georgia office serves Fayette County and surrounding counties. For referrals or inquiries in either state, call (888) 253-6148.
Peachtree Fiduciary & Guardianship Services LLC provides professional trustee and court-appointed conservator services in Florida and Georgia. Elizabeth Williams Winfield is a court-appointed fiduciary who files annual accountings and manages conserved assets under Fayette County Probate Court supervision, and serves as professional trustee for trust beneficiaries in both states. She is a member of the National Guardianship Association and the National Academy of Elder Law Attorneys. For referrals and inquiries, call (888) 253-6148 or visit the
Peachtree Fiduciary Services page.