Conservatorship and adult guardianship are essentially the same thing, different states use one name or the other. To keep things simple, we’ll just use the term conservatorship. If someone can’t make important decisions for themselves, a judge appoints someone called the “conservator” to make those decisions for them. Decisions made by the conservator have the legal backing of the court. The conservator might be appointed to decide about finances, medical and personal care, or both.
Someone appointed to make decisions about medical care and other aspects of someones personal life, for example, where they should live is called a “conservator (or guardian) of the person.” Someone appointed to decide about finances is usually called a “conservator (or guardian) of the estate.” If someone needs both, a court may appoint the same person to do both jobs.
If the person in your care is in good health, you may not be thinking about his or her possible need for a conservatorship, or adult guardianship. But if you’re considering this step, you’re not alone. The unfortunate truth is that many older adults have long periods toward the end of life when they’re not able to make decisions for themselves due to Alzheimer’s or other forms of dementia, a stroke, an accident, or some other serious medical condition. If the person has an advance health care directive, the decision-making about her medical care, if he or she becomes incapacitated, may already be provided for. If he or she has a durable power of attorney for finances, there will be someone to take care of money matters.
But what if they had 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 to play. It’s not simple to arrange, usually requires a lawyer, and needs a judge’s approval. But it might help solve the huge problem of who makes major decisions that involve the person when they can’t do so themselves and there aren’t enough other written directions.
A conservatorship requires the filing of formal legal papers, followed by a court hearing in front of a judge. Legal papers have to clearly spell out a persons physical or mental condition and their inability to make decisions. Family members might have to be notified and given a chance to file their own legal papers, either supporting or contesting the proposed conservatorship or the proposed conservator. And the person in question, too, must be given a chance to contest the conservatorship if they can and want to. For all of this, you’ll need the help of a lawyer with conservatorship experience. At Fawcett & Fawcett we specialize in conservatorships and elder law. If you have any questions or concerns we’re here to have that conversation with you if and when the need arises.