In the early stages of life, parents care for and protect their children by making legal, medical and financial decisions on their behalf. Later in life, a role reversal occurs and adult children frequently become their elderly parents’ caretakers.
One way to protect the autonomy, dignity and wellbeing of an aging parent is to consider a conservatorship. A conservatorship can be an important legal tool to care for an elderly parent. In this post, we’ll discuss the salient points of conservatorships and whether they may be right for you and your loved one.
What is a conservatorship?
In a conservatorship, one party is granted power by a court to make legal, financial, medical, and personal care decisions for another person. Generally, the primary purpose of a conservator is to make financial decisions on someone else’s behalf.
Who may need a conservator?
When someone is no longer capable of making his or her own decisions because of illness, old age or mental defect, he or she may need a conservator.
Who appoints a conservator?
The court system is responsible for appointing a designated conservator. In some states the appointment may be permanent, but in many states it is subject to frequent review.
What are a conservator’s responsibilities?
The power of a conservator over the life of a conservatee varies case by case. A conservator typically makes decisions that they feel are in the best interests of the conservatee, particularly regarding legal and financial matters.
Can someone avoid being placed under a conservatorship?
Sometimes. Depending on the circumstances of the case, the two parties may disagree about whether a conservatorship is necessary. In this case, it could be necessary to retain legal representation and take steps regarding power of attorney, a living will and estate planning.
Is a conservatorship right for me and my loved one?
The necessity of having a conservator varies individual to individual. If your parent or loved one is elderly and can no longer make decisions in their own best interest, it may be time to consider a conservatorship.