The Two Ways a Person Can Benefit From Having a Conservator
Those who are looking for ways to help their loved ones who are aging seniors or have mental capacity disabilities can talk with an attorney about conservatorship.
As an estate planning lawyer Sacramento CA from a firm like Yee Law Group can explain, there are two ways that you can assist your loved one, including establishing an Advanced Health Care Directive or Durable Power of Attorney. With such documents, the person in question (whether they’re disabled, or just getting older) has chosen another person to make decisions for them related to financial or medical care.
However, there are sometimes situations in which having a person sign these documents isn’t possible due to a severe mental disability or undue influence. Conservatorship can be a useful tool in such circumstances.
What Conservatorship Does
The most effective way to help a senior or person with mental capacity issues is to complete legal documents that ensure their protection. To get a conservatorship, you have to petition a request to the court that states you are interested in being someone’s conservator.
Your attorney can provide you with the necessary documents to submit this request. Once approved, as a conservator you are permitted to act on behalf of the conservatee for many of life’s very important situations if they were to arise.
There are two different types of conservatorship that you will have to choose from:
Conservatorship of the Person
People who struggle with mental capacity problems may not have an understanding of how to take care of their health. The court shall approve a conservatorship request if they feel that the conservatee is unable to make decisions related to their health by themselves.
As a Conservator of the Person, you can make choices about the conservatee’s medical care. For example, you can decide where they will live, help them get prescriptions, agree to treatments, etc. For someone who has severe mental challenges, having a conservator can ensure they have the optimum health possible. In critical situations, a conservator can save a person’s life.
Conservatorship of the Estate
In some cases, the court will fulfill the request of a person wanting conservatorship if they believe that the conservatee cannot handle their money or is vulnerable to undue influence.
As Conservator of the Estate, you have the ability to make choices for the conservatee that are of a financial nature. For instance, you can manage their assets, sell real property, and invest liquid assets. As a lawyer may tell you, there tends to be more complicated laws for being a conservator of another’s estate. The reason for these stricter protections is so the conservator doesn’t mishandle the conservatee’s funds for their own benefit.
If you have a loved one who needs additional support as a result of getting older or from a mental disability, consider meeting with a law firm right away for help. By reaching out to an estate planning lawyer today, you can reserve a free consultation with a dedicated lawyer at your earliest convenience.