A new report from the Paso Robles estate planning attorney
Conservatorship for adults is a legal arrangement where a court appoints a guardian to make decisions on behalf of an individual who is unable to make decisions for themselves. Due to aging or a life misfortune, an adult may no longer be able to care for themselves physically, legally, or financially. Concerned family members can petition the court to establish a legal conservatorship to protect their loved one from being exploited, and to ensure he or she lives out his life in safety and the best health possible. Mary Ann Tardiff, the Paso Robles estate planning attorney has some tips to help plan for requesting a conservatorship for a loved one.
Since some of the common reasons for establishing a conservatorship are due to incapacity due to mental illness, cognitive impairment, or developmental disabilities that require assistance with decision-making, it’s very important to work with a knowledgeable attorney to make sure all of the estate documents are in order, all medical reports are acquired and the petition with the court is filed correctly.
One of the first things to do is review the trust, will, Advanced Health Care Directives, and any Powers of Attorney regarding health and finances. All of these documents should be updated if needed and if they don’t exist, this would be the time to create them. A consultation with the Paso Robles estate planning attorney is the first step to making sure all of the estate documents are in order.
The primary reason for establishing a conservatorship is to protect the individual from exploitation and physical harm, including harm to his or her health. The courts take a hard look at petitioners to make sure the conservatorship is in the best interest of the disabled individual.
The person who is ultimately granted the conservatorship is responsible for the individual’s welfare and providing care that includes:
- Protection from exploitation: Conservatorship can help protect vulnerable adults from financial exploitation, abuse, or manipulation by others who may take advantage of their impaired decision-making capacity.
- Medical decision-making: In situations where an individual is unable to make medical decisions, a guardian can be appointed to make healthcare choices in the person’s best interest.
- Ensuring basic needs: A guardian can ensure that the individual’s basic needs, such as housing, food, and medical care, are met when the person is unable to manage these aspects on their own.
- Financial management: If an individual is unable to manage their finances due to incapacity, a guardian can be appointed to handle financial matters, pay bills, and manage assets on their behalf.
- Legal decision-making: A guardian may be needed to make legal decisions for an individual who is unable to understand legal matters and participate in legal processes.
- Safety concerns: If there are concerns about the individual’s safety, guardianship can be established to ensure they are in a secure environment and protected from harm.
- Consistency and stability: Establishing guardianship can provide a stable and consistent framework for decision-making, ensuring that the individual’s needs are consistently addressed even as their capacity fluctuates.
A conservatorship is a significant legal intervention, and less restrictive alternatives, such as power of attorney or healthcare proxies, might be explored first. conservatorship should be considered when no alternatives are suitable for addressing the individual’s needs and protecting their well-being. The decision to pursue conservatorship should be made with careful consideration of the individual’s best interests and autonomy.
Mary Ann Tardiff, the Paso Robles estate planning attorney, has been practicing law for over 30 years. Her focus is providing legal services and solutions for estate planning, elder law, consumer rights, and small businesses. She is available for house calls when necessary and has fixed fees for most of her services.
Her vast experience as an attorney, Commissioner, and Judge Pro tem, as well as her dedication to providing affordable and timely legal services, make her an ideal choice when seeking legal services.