In some cases, there may come a time in life when an individual is no longer capable of making decisions for him- or herself. Whether it be a parent, or a close relative, you may wish to step in and assist with the necessary decisions, such as those pertaining to medical treatment and finances.
If your loved one didn’t appoint a power of attorney, you may be uncertain how to obtain the legal right to make these decisions. The process can be complex, and it may be in your best interests to seek guidance on how best to approach the situation.
Pursuing conservatorship of a loved one
Whether from advancing in age, or due to a medical condition, if someone close to you is no longer able to make rational decisions, you may wish to petition the court for conservatorship. Before doing so, you might want to gain an understanding of the process and what responsibilities you may be taking on. Some aspects to consider could include the following:
- Conservatorship defined: Once a court deems that an individual lacks the mental capacity to make the necessary decisions, it will seek to appoint a conservator. This person will have full authority over the affairs of the other party.
- Who is eligible: The court will consider numerous factors when appointing a conservator. As a close relative, you may have unique knowledge of the other party’s preferences and needs, potentially making you the best fit for the role.
- Financial responsibilities: As conservator, you will be responsible for the other party’s living arrangements, keeping up with monetary obligations and making investment decisions.
- Health care: You will also be responsible for making health care decisions, such as those pertaining to the type of treatment the individual receives.
Your loved one may not be ready to relinquish this authority, despite the presence of a condition that disrupts his or her thought process. Regardless of whether you meet resistance, the process of pursuing conservatorship can be stressful and intimidating; therefore, seeking advice could be in your best interests.
Seeking guidance
Due to the complex nature of a similar estate planning option, you may be uncertain about the next steps to take. You could consider speaking with someone with extensive knowledge in federal and California state laws surrounding the situation for guidance on how best to approach the situation. An estate planning attorney can help you gain an understanding of what to expect and provide you with assistance in pursuing the best outcome possible regarding the future of your loved one.