![]() A conservator could choose a memory care community, for example. For example, someone with cognitive challenges may be unable to determine where the best place for them to live is. In some cases, even those with a power of attorney might need a conservator of the person to make decisions about personal life.Even if the person has a medical directive, they might still need a conservator to decide on matters not covered in the directive. If they do not have a medical directive or living will, they might need a conservator of the person, or a medical guardian, to make healthcare decisions.If they have not prepared a power of attorney for finances, a conservator of the estate can help ensure the person’s finances and assets are managed responsibly.Below, we explain some situations in which a conservatorship would be appropriate. The other circumstance is that they do not already have legal documents (such as a living will and a power of attorney for finances) that cover decisions about personal and financial matters. One, the person must be physically or mentally incapable of making important decisions for themself (note that the legal standards for what makes a personal mentally incapable vary by state). For a conservatorship to make sense, two things must be true. When Is a Conservatorship For an Elderly Family Member a Good Idea?Ĭonservatorships are not the right thing for all families, but they can be valuable and appropriate under certain circumstances. The senior may be resistant to a guardian or feel hurt by family members’ decision to seek conservatorship.Can be emotionally difficult if family members disagree about who should be the conservator.Time-consuming, including extensive ongoing paperwork.Costly to set up, requiring a lawyer, legal papers, and a court hearing.The following pros and cons demonstrate how guardianship can be positive or negative to help you see all sides of the process before making a decision. ![]() There are advantages and disadvantages to setting up a conservatorship for someone, and they aren’t right in all situations. A person seeking a conservatorship for a loved one should make sure they understand what these terms mean in the relevant jurisdiction. Not every state uses the same terminology, and definitions can vary by location. Someone appointed to decide about finances is usually called a “conservator (or guardian) of the estate.” Sometimes, one person serves as the guardian of both the estate and the person. Someone appointed to make decisions about the person’s medical care and other aspects of their personal life - for example, where they should live - is called a “conservator (or guardian) of the person.” This can also sometimes be called a “medical guardianship,” especially if the person already resides in a long-term care community. The conservator might be appointed to decide about their finances, medical and personal care, or both. Decisions made by the conservator have the legal backing of the court. If someone can’t make critical decisions for themself, a judge appoints someone - called the “conservator” - to make those decisions for them. To keep things simple, we’ll just use the term conservatorship. ![]() What Is a Conservatorship or Adult Guardianship?Ĭonservatorship and adult guardianship often refer to the same thing - different states may use one name or the other. But it might help solve the huge problem of who makes major decisions that involve your loved one when they can’t do so themself. It’s not simple to arrange, usually requires a lawyer, and needs a judge’s approval. ![]() If they have a durable power of attorney for finances, there will be someone to take care of money matters.īut what if your loved one has only one of these documents? Or neither? Or there are important decisions not covered in those documents? That’s where a conservatorship, or adult guardianship, might come in. If the person has an advanced health care directive, sometimes known as medical guardianship, decisions regarding health care are likely already taken care of. The unfortunate truth is that many older adults experience periods toward the end of life when they cannot make decisions for themselves - due to Alzheimer’s or other forms of dementia, a stroke, an accident, general cognitive decline, or some other serious medical condition. But if you are considering this step, you’re not alone. If the person you care for is in good health, you may not be thinking about their possible need for a conservatorship or adult guardianship. ![]()
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