Taking care of our friends and family is an important role and mission for all of us. Aging parents or incapacitated special needs adult children can require an extra level of care. This extra care can come in many forms, ranging from delivering meals and groceries to taking your relative to important medical appointments. In most cases, informal care is sufficient. In some cases, these steps may not be enough to provide sufficient care to our loved ones. When your family member needs help taking care of him or herself, it may be time to get a conservatorship.
A conservatorship is a court-ordered authorization allowing one person to make certain decisions and provide particular care for another adult. There are two general types of conservatorship: Conservatorship of the Person and Conservatorship of the Estate.
Conservatorship of the person means that the conservator is responsible for providing the physical assistance necessary for the cared-for adult, usually called the conservatee. This means making sure the person has food, medication, clothing, shelter, and any other basic needs. The conservator can also communicate with the conservatee’s health-care provider to ensure the best and most appropriate health care. Healthcare decision making is one of the largest tasks of a conservator.
By contrast, the conservator of the estate is meant to protect the finances of the conservatee. It includes finances in addition to legal decision-making for in estate related issues, such as in carrying forward lawsuits. The conservator will be responsible for paying bills and wisely handling the income of the conservatee. The conservator will have access to bank accounts and should try to financially protect the conservatee from those who would try to financially exploit the conservatee. It is possible for the same person to be named both the conservator of the person and estate.
In order to obtain a conservatorship over an incapacitated adult, you will need to file a petition with the court. Most of our cases involve children whose parent has become incapacitated. This petition will have to provide very particular information, not least of which will be an explanation of why the proposed conservatee is unable to handle his or her own affairs. The conservatee will have the opportunity to appear in court and object to this designation, as will other close family members. A court will do its best to closely tailor a conservatorship to provide the least restrictive type of conservatorship that is necessary to provide the appropriate care and oversight for the proposed conservatee.
We have extensive experience in helping our clients with establishment of a conservatorship. Call us today to get a consultation to see how we can help you protect your family member.
