Incapacity & Conservatorship
Starting with some basics. A conservator is an agent appointed by the court to oversee your finances or make personal decisions on your behalf.
Incapacity & Conservatorship differs from Power of Attorney in that it requires an actual court proceeding. In contrast, a financial or medical Power of Attorney is an independent legal document drawn up without need of the court. Each has it’s place and if you have questions about which one is best for your specific situation, I encourage you to be in touch.
Starting the Conversation
Starting a discussion on this topic may feel uncomfortable. Clients want to make sure they approach things in the “right way” and “right time” with their loved ones. Conservatorship is likely something you will only address once or twice in your lifetime. Because I regularly have these discussions with clients, I have navigated most of the concerns and fears that come up for people. I ease clients through the process and assist you with the “difficult” conversations clients often fear. Knowledge is power. It is best to start there.
When is it Time for a Conservatorship?
In the case of incapacity, when the client is of sound mind and possesses the mental capacity to make decisions on their own behalf, a Power of Attorney may be the appropriate choice. (Financial or Medical). If, however, that same person were to lose their mental capacity, I would urge you to consider a conservatorship. Each situation presents a unique set of circumstances and it helps to review it in context. Feel free to make use of the 30 Minute Free Legal Consultation to get some of your initial questions answered. Often starting the process sets a client’s mind at ease.
How do I Set Up a Conservatorship?
If you need to handle the finances or make medical decisions for someone who has become incapacitated or has lost their mental capacity, you are welcome to contact me to learn how best to help your loved one.