If someone in your life has a condition that is interfering with their ability to make routine decisions and taking care of themselves, you may need to ask a court to create a conservatorship. This step will allow for the formal appointment of someone to make crucial decisions on your loved one’s behalf. Although it may sound extreme, there can be several positive aspects of this relationship. What are the benefits of a conservatorship?
What is a Conservatorship?
- When an adult cannot adequately attend to their physical care or finances, another adult can ask that a court appoint a conservator to make decisions and act on their behalf. The court oversees the conservator and conservatee relationship, and the conservator will have legal duties to the conservatee.
- A conservator of the person makes decisions about the conservatee’s physical needs. These will include making choices about where the conservatee lives and their medical care.
- A conservator of the estate makes decisions about the conservatee’s finances and will be responsible for making sure their funds are protected and managed prudently.
The Benefits of a Conservatorship
- Someone will be there to look out for your loved one. One of the main benefits of a conservatorship is that the formal appointment ensures that another person will be responsible for looking out for your loved one’s interests and attending to their needs.
- A conservatorship is a formal legal relationship. The conservatee may not have insight into their condition, and this could have caused them to refuse their loved ones’ offers of assistance in the past. A conservatorship is formal and part of a court relationship. Once it is in place, the conservatee may be more accepting of the conservator’s efforts to provide support.
- The court supervises the relationship, and the conservator can’t make certain decisions without going through the court first. The conservator will be accountable to the court throughout the process. This judicial oversight provides significant protection for the conservatee.
- The conservator has duties to the conservatee to look out for their interests that will begin at the appointment. For example, a conservator of the person has an obligation to provide adequate shelter, transportation, food, and clothing for the conservatee. A conservator of the estate must make a budget for the conservatee, locate and manage their assets, and pay the conservatee’s bills.
- The conservator will be there if there is an emergency. Often, a conservator is needed when someone has a debilitating condition. If the conservatee’s health declines, having the conservator already in place will help ensure that care decisions can be made as soon as possible. Further, suppose the conservatee has significant assets. In that case, the conservator can continue making sure they are safeguarded for their future benefit.
A California conservatorship can be positive means to help protect your loved one’s interests. There are also other ways to plan before a conservatorship becomes necessary.
At the Law Offices of Alice A. Salvo, we are personally invested in every conservatorship law case. We can help you evaluate your circumstances and determine the best solutions for you and your family. Please contact us online or by phone to schedule an appointment today.