Due to the overwhelming advancement in today’s medical field, it is now possible to extend our lives and reach our oldest possible age. However, there still stand numerous age-related anomalies which we have yet to solve. Indeed, there will come a time when aging would catch up—it’s inevitable. It could even be sooner than we think!
No matter how we delay age, the possibility of your beloved senior no longer capable of handling their own finances, let alone, making their own decisions still exists, and worse, it could get really scary once family bickering over who’s in charge starts. Seniors should know that this can be avoided, if only they have prepared for it ahead of time. However, for those who were struck unwarned, conservatorship might be the best solution.
When you seek conservatorship, it means you would like to be the conservator or, in other words, the guardian. This person should be able to prove to the court that the senior in question is no longer capable of making decision for himself. If this person is able to convince the court that it is for the greater good, he or she will get the appointment. In a nutshell, conservatorship takes away a senior’s power to make decisions in all aspects of his or her life, including financial, medical and estate planning and handing it to someone more competent.
Generally, there are two types of conservatorship: probate and LPS. The difference is mostly defined by the extent of incompetence in the senior’s part. Conservatorship can only be sought if there is no existing document, by the way. This is where early planning really comes into the picture. If you are a senior worrying about who will end up deciding for you when that time comes, then you should consider designating people as soon as possible—like right now. Your lawyer can assist you in preparing the necessary documents, including how to choose the best person for this job.
The process of designating a conservator is not easy and indeed it can be costly. Not only that, it can be a long and tedious process to begin with. This is why most families see this process as their last resort and not something they would want to undergo especially when there’s a senior needing more attention than what the conservatorship would worth. In order to be designated as conservator, a person seeking it would have to submit himself to a hearing process. A judge will then appoint or designate according to what he deems fit. After the designation, the conservator will then work hand-in-hand with the court with every decision made on behalf of the senior. There should also be an inventory and records pertaining to the senior’s financial standing, before, during and after, the conservator’s term of appointment.