It can be emotionally challenging to watch a loved one struggle due to age or medical challenges. In some cases, family members may feel compelled to take action to protect someone who cannot act in their own best interests.
Sometimes, the adult children of struggling older parents may insist that their parents move in with them. Other times, concerned family members may ask the courts to award them conservatorship. People struggling with cognitive decline or major medical challenges like Alzheimer’s disease may not be in the best position to manage their own affairs. Conservatorship provides families with a way to support an individual who struggles to act in their own best interests.
What is a conservatorship?
Conservatorship is a court-approved arrangement in which one party, the conservator, assumes responsibility for the daily life, legal concerns and financial matters of another party, sometimes referred to as the conservatee. The individual subject to a conservatorship may have medical issues that affect their ability to manage their own finances and daily needs.
In some cases, they may have already fallen victim to fraud or financial abuse. When families realize that an older adult or individual with a debilitating medical condition can no longer independently manage their own life, they may seek a conservatorship as a way of protecting that vulnerable individual from indigence, homelessness and abuse.
Conservators have a duty to act in the best interests of the conservatee who requires their support. They should do everything in their power to manage resources appropriately and ensure the comfort and financial stability of the vulnerable person. The conservatorship can help protect key assets, such as a residence or retirement savings.
The conservator can pay the conservatee’s bills and decide where they live. They can choose what medical care or educational services they receive. A conservator can also decide whether the conservatee can marry or enter into a contract.
How do families obtain conservatorship?
Evidence is necessary to convince the courts to restrict the rights of a legal adult. Records of prior fraud, unpaid bills and pending foreclosure could convince the court that an individual may struggle to manage their own resources.
Medical records affirming a significant diagnosis or long-term mental health challenges can also support those pursuing a conservatorship. Testimony from professionals and loved ones can also help. Provided that the courts agree that the individual is incapable of acting in their own best interests, the courts may appoint a trustworthy individual to take over that responsibility.
Pursuing a conservatorship can be a complex and emotional process. Families worried about vulnerable loved ones may need help preparing to pursue a conservatorship and fulfilling the obligations that come with that role, and that’s okay.