When you’re caring for a loved one who can no longer make decisions for themselves — whether they’re suffering from old age, addiction, or mental illness — then a conservatorship might seem like a convenient option. However, before pursuing a conservatorship, you should seriously consider conservatorship alternatives that are less intrusive and legally risky.
Is Conservatorship the Right Choice?
There are several reasons why conservatorship might not be the best choice for you or your loved one:
- Might Not Be Necessary: Even when your loved one is dealing with debilitating cognitive or physical decline, a conservatorship may still be an extreme option; conservatorships and guardianships can prevent your loved ones from having any significant independence or freedom to make choices, which can understandably be interpreted as robbing a person of their humanity. There are other ways to care for a loved one while maintaining their dignity, even when they’re dealing with a health problem such as dementia or Alzheimer’s.
- Exposes Your Loved One to Abuse: Conservatorships have become notorious for making people vulnerable to, if not helpless against, personal and financial abuse — as you might have noticed from several high-profile cases that have recently made media headlines.
- Risks Damaging Your Family Relationships: Because of the notoriety surrounding conservatorships, there will likely be questions and disputes over your efforts to establish one over your loved one, and this can strain relationships with your family.
- May Prompt Legal Challenges: Helping a loved one who has lost their ability to care for oneself is a difficult enough situation to deal with, and pursuing a conservatorship or guardianship may open legal challenges that make the situation even more challenging and financially straining.
Related Blog: Conservatorship or Guardianship: Are Both Always Necessary?
Conservatorship Alternatives
A conservatorship might seem like the easiest way to care for your loved one, but there are other ways you can provide them with the personal, physical, and financial assistance they need without putting them at risk of abuse — or putting yourself at risk of a lawsuit and costly legal challenges.
Here are some conservatorship alternatives that you should look into:
- Living wills
- A durable power of attorney for healthcare
- A financial power of attorney
- A representative payee
Living Wills
If your loved one still has competent mental faculties and can make sound decisions, you can encourage them to establish a living Will or trust. These legal documents can name a successor trustee who can administer your loved one’s assets for them after they are no longer able to make sound decisions for themselves.
Related Blog: Should You Choose a Will or Trust in Georgia?
Durable Power of Attorney for Health Care
A durable power of attorney for health care is a legal document that appoints someone to make medical decisions for your loved one if they’re no longer able to make healthcare decisions for themself. These healthcare decisions include medications, surgical treatment, and end-of-life care. By becoming the attorney-in-fact for your loved one under a health care power of attorney, you can make important decisions regarding their healthcare while still allowing them to make personal choices.
Related Blog: What’s the Difference: Living Will vs. Health Care Power of Attorney
Financial Power of Attorney
Similar to the durable power of attorney for health care, the financial power of attorney gives you or another family member the legal power to make financial decisions for your loved one, including paying bills, withdrawing from their bank account, or making investments.
Related Blog: Some Important Issues to Consider with a Financial Power of Attorney
Representative Payee
If your loved one is receiving social security or other government benefits, they can appoint you as the representative payee, which gives you the power to receive and manage their benefits on your loved one’s behalf.
Related Blog: 5 Tips for Splitting Parental Care Costs Between Siblings
Always Seek Consultation or Mediation
If you’re thinking about pursuing conservatorship for a loved one, then it’s important to seek legal guidance to review your options and any risks.
If you’re opposed to a conservatorship but have family members who are considering it, then you should also contact a fiduciary law firm to discuss mediation between you and your family members; this is one of the most effective ways to arrange conservatorship alternatives, protect family relationships, and prevent the situation from escalating into lawsuits.
Of course, \ you should consider challenging a conservatorship if you feel that it’s undue; for example, if your loved one still has decision-making ability, but someone is nonetheless seeking a conservatorship over their assets. Gaslowitz Frankel, a leading fiduciary litigation firm based in Atlanta, Georgia, excels at handling conservatorship and guardianship disputes. You can contact us today to set up a consultation.
