Adults generally have full responsibility for their own actions. They need to meet their own financial needs and make choices about how they run their lives. However, not all adults consistently make choices that are in their best interests.
As people age, they can develop certain medical challenges or cognitive issues that affect their ability to live independently. Hopefully, they have an estate plan with a durable power of attorney and advance health care directive. But frequently, they don’t, and that’s when problems can arise. Concerned family members sometimes must go to court so that they can step up and take care of a vulnerable, aging loved one.
The court process involves getting a conservatorship. This is an expensive and time-consuming legal action that, most times, can be avoided with carefully drafted durable powers of attorney and advance health care directives. New California laws discourage the granting of conservatorships over people, and the court must be convinced that it is the least restrictive alternative to resolving the problems that arise.
Why do family members sometimes seek conservatorships as people they love age?
Concerns about their safety
One of the most common reasons that families decide to pursue conservatorship is fear for their loved one’s safety. Perhaps they refuse medical care because they don’t want a doctor to diagnose their declining ability. Maybe they have started to wander off or forget to eat some days. When family members can show that a loved one has failed to consistently make choices in their own best interests, that may be a sign that conservatorship is necessary.
When there are signs of financial challenges
Sometimes, individuals become confused as they age. They may forget what day it is and could fail to take care of basic responsibilities. Older adults can forget to pay their bills, which can put them at risk of having their utilities turned off.
In more extreme cases, they might be at risk of eviction or foreclosure. They can also fall victim to fraud, such as confidence schemes conducted by those trying to steal some of their assets. Family members who worry that an aging loved one can no longer properly manage their own finances may seek a conservatorship to help oversee their obligations and assets.
Sometimes, repeated issues are what make family members pursue conservatorships. Other times, a diagnosis of Alzheimer’s disease or a similar condition makes them realize how vulnerable a family member is.
Seeking a conservatorship can potentially give an older adult the support they need to be safe and healthy as they age. Conservatorships allow concerned parties to take responsibility for a loved one when they cannot handle their own affairs. Conservatorsips are extremely technical and the process of obtaining one has many pitfalls. Competent, experienced legal counsel should be consulted if a conservatorship is under consideration.