Once a California judge makes a ruling, an individual may lose the power to make decisions for him or herself. While in many cases that step is needed in order to protect the conservatee, it may also open up the possibility of abuses. Conservatorships may be a necessary step to protect those who can no longer protect themselves, but once established, it is difficult to guarantee that the people chosen and trusted to take over the job are trustworthy.
Even as states recognize that abuses happen far more often than they should, the courts only have limited ability to monitor the millions of guardianships and conservatorships across the country. Instead, the law attempts to help those who someone else is attempting to rule as incapacitated. The individual slated to be the conservatee, as he or she is referred to here in California, has certain rights when it comes to establishing a conservatorship.
For instance, the individual has the right to be notified of the hearing. He or she may be present and represented by counsel. The person attempting to take away another’s right to make decisions must show the court that it is necessary. A medical examination may be necessary in order to ensure that this would be the right choice for the purportedly incapacitated person.
The impact of conservatorships on potential conservatees should not be taken lightly. Once an individual loses the ability to control his or her life, keeping the person in control from taking advantage of it may not be easy. If you face having a conservatorship thrust upon you, you may want to take advantage of your right to be represented at the hearing in order to make sure that the court has all of the information needed prior to making a decision.