Roughly 10% of seniors aged 65 and over have Alzheimer's disease. It's a complicated disease that worsens over time. The average life expectancy is around eight to ten years after diagnosis.
If you're a friend or relative of someone with Alzheimer's or some other serious condition, you may wonder how you can care for them. They may not be fully capable of caring for themselves or handling common life problems anymore. At worst, they may endanger people around them.
Here's your elder care legal guide on conservatorship and if it's the right option for your situation.
Protecting elder rights can become a difficult task as they get older and less able to defend themselves. If they have dementia or some other similar disease, people may take advantage of them. They could lose all of their money and end up on the street, confused and alone.
One way a family can protect their loved one is through a conservatorship.
A conservatorship is a legal arrangement where a court appoints an individual or entity to manage another person's affairs. These affairs include personal, financial, and medical situations.
In most cases, the conservatee is a senior struggling with cognitive decline or physical disability. Their decision-making ability is impaired in some way.
A conservatorship differs from a guardianship in that the former requires the person to have a mental condition that impairs their decisions. Legal guardianship for seniors is also more encompassing and gives the guardian more decision-making powers.
The process of setting up a conservatorship begins with a petition. A family member or friend can file a petition with the court, including details on why it's necessary.
Once the petition is filed, all interested parties are notified. A court investigator will assess the elder's needs through multiple interviews.
A judge reviews the evidence, including medical reports and testimony. The court then decides if the elder can manage their affairs on their own or not.
The appointed conservator is legally obligated to act in the elder's best interests, and they may have to make regular reports to ensure transparency.
There are three main types of conservatorship you may consider for a senior. They are limited, temporary, and full. Each one provides a certain amount of authority that is suitable for different situations.
A limited conservatorship grants the conservator authority in only specific areas. They may have permission to make financial decisions for a senior but not medical ones. The senior may retain control over personal preferences, which means they can veto decisions.
You may consider this type for a senior who can still make some decisions. They may require or desire support in certain areas, such as with their medical needs.
Temporary conservatorship is usually arranged for seniors facing an immediate risk, such as financial exploitation. They may also consider it if there are urgent medical decisions to be made or before the court establishes a full conservatorship.
The amount of power granted to a conservator will depend on the specific issue. For example, a senior who has to deal with a lawsuit may rely on a temporary conservator for its duration. It would then end when the lawsuit is resolved.
A full or plenary conservatorship is the most comprehensive option available for seniors and their family members. It's most often reserved for seniors who are completely incapacitated and cannot make any decisions on their own.
As a court-appointed conservator, you can fully control an individual's personal and financial affairs. However, the judge will want a thorough analysis of the person's capabilities before granting power to the conservator. That's where the temporary option comes in.
Although a conservator has a lot of authority, they are still unable to use the person's money for personal benefit. They must keep records and get court approval for certain actions.
Conservatorship isn't always the best option for every situation. There are times when something less encompassing can help. It could also be easier and quicker to establish another type of legal status.
A durable power of attorney is one option that allows a senior to designate a trusted person to act on their behalf. This person can make decisions for either financial or healthcare matters. Since the senior makes the decision themselves, they can avoid court intervention.
Seniors can set up a living trust to place their assets under the control of a trustee. The focus is more on protecting their estate and ensuring seamless financial management.
An advanced healthcare directive allows a person to outline their medical care preferences. They designate a healthcare proxy to make decisions if they are unable to, such as if they fall into a coma.
Moving a loved one into an assisted living community does not sacrifice their rights. In fact, it can give seniors more control over their lifestyle and give them more freedom.
The first step to protecting elder rights is by knowing federal and state laws. You need to know your rights and how you can protect seniors from abuse and exploitation.
Next, seniors should establish legal safeguards. Establishing a Power of Attorney document or living trust are two ways to protect their financial and healthcare decisions.
If a senior lives alone, it may be in their best interest to move into a senior living community. These communities are well-protected by staff, and safeguards are put in place. They also come with various amenities and services so residents can feel more independent.
If you have an elderly loved one who struggles to manage their daily affairs on their own, then a conservatorship can help. Depending on their condition, a conservator can assist with financial, healthcare, or all of their important decisions. Your elder law attorney can walk you through the process.
The Watermark at Napa Valley provides elevated living for seniors in the heart of Napa Valley. Our community offers independent living, assisted living, memory care, and more. Contact us with any questions and to set up a tour.