Guardianships protect children if parents die together in an accident or are incapable of caring for them, but vulnerable adults can also be protected. You can provide for a dependent adult who cannot care for themselves because of strokes, debilitating illnesses, Alzheimer’s disease, or other health conditions with help from a knowledgeable conservatorship attorney.
Many states permit adult guardianship, but California reserves that arrangement for minors. To care for adults those who can no longer manage alone, the courts can appoint a conservator. When you have an elderly or compromised adult relative who needs looking after, a Tustin adult conservatorship lawyer could provide empathetic guidance.
The Breadth of Conservatorships
Conservatorships are as varied as the needs that elderly adults may have. These arrangements are time sensitive in that they can be permanent or temporary. Temporary conservatorships are granted for up to 30 days so the courts can determine if a longer-term one is appropriate. Permanent conservatorships are reevaluated each year so the court can decide if the arrangement should be renewed.
The powers granted a conservator can be limited or broad. The judge in limited conservatorships assesses seven powers and restricts conservatorships to the applicable ones. They include:
- Guiding the conservatee’s education
- Making repairs to the conservatee’s home
- Managing confidential papers and records
- Approving or denying medical procedures
- Approving or denying friendships and sexual relationships
- Determining whether the conservatee can execute a contract
- Granting or denying the ability of the conservatee to marry
Conservatorships can also be used in special circumstances. For instance, Lanterman-Petris-Short Act (LPS) conservatorships care for those diagnosed with mental illnesses such as depression, schizophrenia, and bipolar disorder. The LPS conservator can compel the conservatee to receive treatment or medication for the mental disorder. Under state law the conservator must choose the least restrictive environment for the person, although a locked facility is possible if it is deemed best for the adult. An adult conservatorship attorney in Tustin could advise on appropriate term lengths and powers.
Who Usually Serves as a Conservator?
Conservators are usually family members, or a spouse or adult child of an elderly person. The conservator should be someone trusted, and because the appointment creates a fiduciary duty to protect the impaired adult’s interests, they should also be reliable and willing.
If no relative or trusted friend is available to assume the responsibility of conservatorship, the courts can appoint a professional private conservator or a public guardian.
Conservatorship of the Estate or the Person
Conservatorship of the estate permits conservators to handle the finances of a mentally incapacitated adult, including paying bills, managing property, trading securities, and other investment decisions.
Conservatorship involves providing the daily and future care a conservatee needs. This includes ensuring the person is sheltered, fed, medically cared for, and has emotional needs met. After assessing the situation, a conservator of the person may also consider long-term care in a facility. A lawyer in Tustin with knowledge of adult conservatorships could help determine what kind of care a conservatee requires.
Protect Incapacitated Loved Ones With Help From a Tustin Adult Conservatorship Attorney
One of the lesser-known elements to estate planning concerns how to care for an incapacitated adult loved one after you are gone. A conservatorship recognizes a special relationship between adults who need help and those who help them.
You may have an adult child with cognitive issues, an elderly parent with Alzheimer’s, or a spouse diagnosed with a documented psychiatric impairment. We could help you provide for those you love and who need a little or a lot of help. Call a Tustin adult conservatorship lawyer today to start protecting your vulnerable loved one.
