Protecting Loved Ones
Conservatorship can be a great way to protect your loved one from undue influence, while ensuring that they have someone making decisions from a caring place. One of the most important things to focus on when filing a request for conservatorship is that the court wants what is going to be in the best interest of the person. It is crucial that you have a lawyer to oversee the application process and give you insight into how to make a strong case for conservatorship.
What the Conservatorship Process Entails
Adults are responsible for managing their own money and health unless it is deemed by the court that they are unable to do so because of an illness or disability. For example, a conservatorship lawyer can help the children of aging parents obtain conservatorship so they can make medical decisions for them, handle their money matters, get prescription medications, and choose whether they need to be moved into an assistive care facility. In general, a judge may approve and establish a conservatorship by:
- Obtaining a Bond and Upholding Accountability: A judge may necessitate a bond for liquid assets and annual income of the conservatee’s estate as to hold the conservator accountable as he or she is fulfilling duties.
- Monitoring the Conservator’s Actions: The court may monitor the conservatee’s well-being, property, and money matters. The conservator may have to submit an inventory of an appraisal of assets, and plan for what they plan on doing while acting as conservator.
- Reviewing the Conservatorship for Continuity: Once a year has passed after a conservatorship approval, the court may ask for an accounting report of the conservatee’s assets.
When a Family Member Doesn’t Want a Conservator
It has happened where the loved one with a mental disability doesn’t want a conservator to manage their health and/or finances. The fact is that the more he or she resists, the more distress this may cause family members who just want what is best for their loved one. It is important not to fight with your loved one over this issue, but to slowly try and guide them through the process of understanding what may be best for them.
Conservatorship can come with significant benefits for both relatives and the person needing assistance. Family members who want to take legal steps towards their loved one’s protection are encouraged to contact a conservatorship lawyer for assistance.