Understanding Conservatorships

Conservatorships are court-supervised protective proceedings for adults who require special, formal assistance with their finances or their general residential and medical decisions, or both. Typically, the children of an ailing elder who can longer make decisions for herself or himself, frequently when dementia has set in establish a conservatorship. If the elder has valid Powers of Attorney, and there is no dispute among the family, or by the elder himself, then those forms can often suffice and conservatorship may be avoided. However, if there are no Powers of Attorney, or there are unresolvable disagreements among family members as to the elder’s care, or as to who should supervise the elder’s care, then the only real recourse is filing for conservatorship. There are many different forms and categories of conservatorship, and the process itself is heavily procedural. If you are worried about the safety of an elder, or know someone who is, the best move is to consult a reputable elder law attorney in your community as soon as possible. He or she can give you a complete picture of your options.

Caren N. from Woodland Hills, CA is a member of the Attorney Referral Service (ARS) of the San Fernando Valley Bar Association (SFVBA).

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